FA/146/2013
2022 Latest Caselaw 2265 UK

Citation : 2022 Latest Caselaw 2265 UK
Judgement Date : 25 July, 2022

Uttarakhand High Court

FA/146/2013 on 25 July, 2022

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                                     FA No.146 of 2013
                                     Hon'ble Sharad Kumar Sharma, J.

None present for the appellant. Mr. Syed Nadim, Advocate, for the respondent.

This first appeal was decided by the judgment dated 23.05.2019, the matter was carried before the Hon'ble Apex Court in an SLP (C) No.2459 of 2019, the judgment was set aside and the matter was remanded by the Hon'ble Apex Court vide its judgment dated 15.03.2021, with the liberty left open to either of the parties to the appeal, to file their additional documents by way of the additional evidence by invoking Order 41 Rule 27 of the CPC. The respondent has already filed an application under Order 41 Rule 27 of the CPC.

Today the matter is listed on the Miscellaneous Application IA No.12660 of 2022, invoking Order 41 Rule 27, of the CPC. Apart, from the fact, that even in the revised call none appears for the appellant to oppose the application filed by the respondent. Coupled with the fact that since the application happens to be as a consequence of the judgment of the Hon'ble Apex Court dated 15.03.2021, IA No.12660 of 2022, would stands allowed. The affidavit filed in support thereto under Order 41 Rule 27 of the CPC is taken on record to be considered at the stage of the final hearing of the first appeal.

Apart from it, the other pending Applications IA No.12658 of 2022, filed by the respondent no.2, with the counter affidavit, would too stands allowed. Counter affidavit is taken on record.

List this first appeal in the last week of September, 2022, in view of the aforesaid fixation of the date, the Urgency Application IA No.12659 of 2022, would too stands disposed of.

(Sharad Kumar Sharma, J.) 25.07.2022

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