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2022 Supreme(Raj) 312

ANOOP KUMAR DHAND
Jagmal Singh S/o Shri Mukharam – Appellant
Versus
Karnel Singh S/o Shri Chaju Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mahendra Singh Gurjar.
For the Respondents: Sandeep Nirwan, Satish Kumar Khandal.

JUDGMENT :

ANOOP KUMAR DHAND, J.

1. By filing this appeal a challenge has been made to the judgment dated 10.01.2019 passed by the Court of learned Additional District Judge, Khetri, District Jhunjhunu [for short ‘the First Appellate Court’] in Civil Misc. Appeal No. 01/2013 by which the judgment and decree dated 23.11.2012 passed by the Court of Civil Judge (Senior Division), Khetri [for short ‘the learned trial Court’] in suit No. 26/2012, has been quashed and set aside and the matter was remanded to the learned court below to decide the suit in accordance with law.

2. Skeleton facts of the case are that the plaintiff-respondent Karnel Singh filed a civil suit for permanent injunction against the defendant-appellant and other defendants-respondents before the learned trial Court with the averments that a partnership deed was executed on 27.05.2005 between the plaintiff and the defendant for getting works from defendant-Hindustan Copper Limited in the name and style of M/s. Jagmal Singh, on certain terms and conditions. It was also stated in the plaint that some dispute occurred between the parties, hence, the plaintiff filed a civil suit against the defendants for permanent injuncti

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