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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ANOOP KUMAR DHAND
Dheersingh S/o Sanwataram – Appellant
Versus
Rajkaur W/o Guljharilal – Respondent
| Table of Content |
|---|
| 1. challenge to previous appellate decisions. (Para 1 , 2 , 8 , 9) |
| 2. arguments regarding non-compliance of procedural rules. (Para 3 , 4 , 5 , 6) |
| 3. court's observations on appellate procedure compliance. (Para 7 , 11 , 12 , 21 , 22) |
| 4. ratio of mandatory requirements under cpc. (Para 10 , 13 , 14 , 19 , 20) |
| 5. rejection of petition and expectation for timely adjudication. (Para 23 , 24 , 25) |
ORDER :
1. A challenge has been led to the impugned judgment dated 07.06.2022 passed by the Board of Revenue, Ajmer (for short, “the Board”) by which the judgment and decree dated 15.01.2018 passed by the Revenue Appellate Authority (for short “the RAA’) has been quashed and set-aside and the matter has been remanded back to the RAA to decide the first appeal strictly in compliance with the provisions contained under Order 41 Rule 31 of the CPC.
2. Learned counsel for the petitioners submits that a suit for declaration and partition was filed by the respondents against the petitioners before the Court of Sub-Divisional Officer, Buhana (for short “the SDO”) and the same was decreed vide judgment dated 20.06.2016 against which a first appeal under Section 223 of the RAJASTHAN TENANCY
Mandatory compliance with procedural requirements under Order 41 Rule 31 of the CPC is essential for valid appellate judgments; non-compliance renders decisions unsustainable.
The appellate court must adhere to Order 41 Rule 31 CPC, ensuring all points of determination are addressed with reasoned judgments.
Mandatory compliance with Order 41 Rule 31 of the Civil Procedure Code for the First Appellate Court to independently assess evidence, frame points for consideration, and decide the appeal in accorda....
The First Appellate Court must frame points for determination and provide reasoned judgments, as mandated by Section 96 and Order 41 Rule 31 CPC.
The main legal point established in the judgment is the mandatory compliance of Order 41 Rule 31 of C.P.C. and the Bombay Civil Manual by the First Appellate Court while deciding the appeal.
The main legal point established in the judgment is the mandatory compliance of Order 41 Rule 31 of C.P.C. by the First Appellate Court while deciding the appeal, and the requirement for the Appellat....
The main legal point established in the judgment is the mandatory compliance of Order 41 Rule 31 of C.P.C. by the First Appellate Court, emphasizing the need for independent assessment of evidence, f....
The First Appellate Court must comply with the provisions of Order 41 Rule 31 of C.P.C. by independently assessing the evidence, formulating specific points for determination, and giving reasons for ....
The main legal point established in the judgment is the mandatory compliance of Order 41 Rule 31 of C.P.C., the requirement for the appellate court to independently assess the evidence, and the need ....
The main legal point established in the judgment is the mandatory compliance of Order 41 Rule 31 of C.P.C. by the First Appellate Court while deciding the appeal.
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