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1986 Supreme(Raj) 124

MOHINI KAPUR
CHOTE LAL – Appellant
Versus
KALYAN PRASAD – Respondent


Advocates Appeared:
G.K.GARG, R.S.KEJARIWAL

Judgment


MOHINI KAPUR, J.

( 1 ) ORDER :- The question which arises for determination in this revision is about the jurisdiction of the trial Court after the matter has been remanded to it by the appellate Court. In this case, a suit for partition of property was filed in the Court of Civil Judge, Bharatpur, who decreed the suit on 27-9-1976. In an appeal before the Additional District Judge, Deeg (Bharatpur), a certified copy of one document was admitted in evidence under O. 41, R. 27, C. P. C. The appellate Court allowed the appeal and set aside the judgement of the learned Civil Judge and issued a direction at the time of the remand that the plaintiff and defendant shall be given an opportunity to prove or disprove the document and thereafter the decision should be given. After the matter went back to the learned Civil Judge, the non-petitioners moved an application under O. 13, R. 2, C. P. C. for the production of a document and this was admitted by the impugned order by the learned Civil Judge and the same has been challenged in this revision.

( 2 ) THE contention of the learned counsel for the petitioner is that the jurisdiction of the Court after remand is limited to the dire













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