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2008 Supreme(SC) 148
H.S. BEDI AND AFTAB ALAM, JJ.
BHARTESH C. JAIN AND OTHERS – Appellants
Versus
SHOAIB ULLAH AND ANOTHER – Respondents
Civil Appeal No. 838 of 2008,
Decided on January 30, 200S
Gaurav Jain and Ms Abha Jain, Advocates, for the Appellants;
Ms Vibha Datta Makhija, Advocate, for the Respondents.
Remittal of matter for a fresh decision when the previous order does not address the raised issues.
Headnote:
Order - Remittal of Matter to Chief Justice - The court remitted the matter to the Chief Justice for fresh decision due to the previous order not addressing the raised issues.
Fact of the Case:
The parties agreed that the previous order of the Chief Justice did not address the raised issues, leading to the remittal of the matter for a fresh decision.
Finding of the Court:
The court set aside the previous order and remitted the matter to the Chief Justice for expeditious decision.
Issues: The main issue was the inadequacy of the previous order in addressing the raised issues.
Ratio Decidendi: The court's decision was influenced by the fact that the previous order did not meet the issues raised before the Chief Justice.
Final Decision: The civil appeal was disposed of with no order as to costs.
ORDER
1. Heard learned counsel for the parties.
2. Leave granted.
3. Learned counsel for the parties agree that in the light of the fact that f the order of the Hon'ble Chief Justice of the Allahabad High Court dated 4-82006 does not meet the issues raised before him, the matter may be remitted to the Chief Justice for fresh decision. We accordingly set aside the order dated 4-8-2006 and remit the matter to the Hon'ble Chief Justice with a request that the matter be heard and decided expeditiously.
4. The civil appeal is disposed of accordingly with no order as to costs.
