Lrs Of Nimb Singh vs Lrs Of Chaman Lal
2023 Latest Caselaw 5211 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Second Appeal No. 304/2017

Lrs Of Nimb Singh

----Appellant Versus Lrs Of Chaman Lal

----Respondent

For Appellant(s) : Mr. Alkesh Aggarwal For Respondent(s) :

HON'BLE MS. JUSTICE REKHA BORANA

Order

24/05/2023

Learned counsel for the appellants submits that vide

impugned judgment and decree dated 19.07.2017, seven appeals

have been decided by the first appellate Court and therefore,

seven second appeals have been preferred against the same. Out

of them, five appeals have already been admitted on 11.01.2021.

In view of the same, he prays that the order as passed in civil

second appeal No.308/2017 be also passed in the present appeal.

Perused the record.

In view of the fact that the present appeal also arises out of

the same impugned judgment and decree dated 19.07.2017 qua

which the second appeal no.308/2017 had been admitted and

substantial questions of law have been framed on 11.1.2021, the

same questions of law are being framed in the present appeal too.

The following substantial questions of law arise for

consideration in the present second appeal:-

(i) Whether the Appellate Court was justified in reversing the decree passed by the trial court without

(2 of 2) [CSA-304/2017]

taking into consideration the documents produced by the appellants as Exhibit-1 to Exhibit-10 and statements of the witnesses PW-1 to PW-13 ?

(ii) Whether the Appellate Court was justified in basing its judgment on documents, which were neither exhibited nor proved, merely based on the fact that the application under Order XLI, Rule 27 CPC was allowed, ignoring the provisions of Order XLI, Rule 28 CPC ?

(iii) Whether the First Appellate Court was justified in coming to the conclusion that the State of Rajasthan was a necessary party to the suit ?

Admit.

Issue notice to the respondents. Notice be filed in two sets.

One set of notices be given 'dasti' to the learned counsel for the

appellants for service through registered post, acknowledgment

due. Notice be made returnable within a period of four weeks.

Postal receipts of the 'dasti' notices be filed within a period of

one week from the date of receipt of 'dasti' notices.

Call for record.

(REKHA BORANA),J 10-Hanuman/-

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