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2022 Supreme(Guj) 918

HEMANT M. PRACHCHHAK
State Of Gujarat – Appellant
Versus
Arshibhai Ranmalbhai – Respondent


Advocates:
Advocate Appeared:
Ms Dharitri Pancholi

ORDER :

1. Being aggrieved and dissatisfied by the impugned judgment and order dated 14.10.2019 passed by the learned Principal District Judge, Gir-Somnath at Veraval in Regular Civil Appeal No.7 of 2017, the appellant – State Authority has preferred the present second appeal.

2. Heard learned Assistant Government Pleader appearing for the appellant – State Authority. Though served, nobody appears on behalf of the respondent.

3. Learned Assistant Government Pleader appearing for the appellant has submitted that the First Appellate Court has not properly determined the substantial questions of law and, therefore, the appeal deserves to be allowed.

4. Considering the facts of the case and materials place on record, it appears that the First Appellate Court has not framed any substantial questions of law. I have also perused the impugned judgment and order passed by the Courts below. In my opinion, under Order 41 Rule 31 of the Civil Procedure Code (hereinafter be referred to as “the Code”), the First Appellate Court is bound to frame points for consideration, however, the same is not done. The provisions of Order 41 of the Civil Procedure Code provides that how the First Appellate Court

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