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2025 Supreme(Raj) 1903

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CHANDRA SHEKHAR SHARMA, J.
M/s RP Katta - Appellant
Vs.
Ganpat Lal Soni S/o Shri Amrit Lal Soni - Respondent
S.B. Civil First Appeal No. 225 Of 2023
Decided On : 15-07-2025

Advocates:
Advocate Appeared:
For the Appellants : Mr. Anirudh Purohit
For the Respondents: Mr. Bharat Shrimali

The court reaffirmed the importance of the principle of natural justice and the procedural correctness required in appeal processes under the Civil Procedure Code.

Headnote:(A) Civil Procedure Code, 1908 - Section 96 - Appeals - The scope of appeal under this section defines the parameters within which higher courts may review decisions made by lower courts.

(B) Evidence Act, 1872 - Relevance and admissibility of evidence - The court must determine the admissibility of documents and testimonies to ensure a fair trial and just outcome.

(C) Natural Justice - The principle of audi alteram partem - The right to be heard is foundational in legal proceedings, ensuring that all parties have an opportunity to present their case.

Facts of the case:
The appellant, represented by M/s RP Katta, filed a first appeal against a decision involving Ganpat Lal Soni, with particular reference to evidence and procedural compliance.

Findings of Court:
The court analyzed relevant legal provisions regarding the appeal process and evaluated whether the lower court adhered to principles of natural justice.

Issues: The primary issues included the admissibility of certain documents and whether the lower court properly followed procedure and principles of natural justice.

Ratio Decidendi: The court emphasized the necessity of adhering to procedural norms and the essential right to be heard under the principle of audi alteram partem, aiming to ensure justice is not only done but seen to be done.

Result: The appeal is allowed, and the matter is remanded for further proceedings in accordance with the law.

JUDGMENT :

CHANDRA SHEKHAR SHARMA, J.

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