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2025 Supreme(Raj) 2714

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
UMA SHANKER VYAS, J.
Jagdish S/o Shri Ghasi – Appellant
Versus
M/s V.N. Buildtech Private Limited – Respondent
S.B. Civil Revision Petition No. 198 of 2023
Decided On : 06-10-2025

Advocates Appeared:
For the Appellant : Amit Singh Shekhawat
For the Respondents: Vikas Jain, Yuvraj Samant

A procedural error in dismissing a suit without proper examination of evidence necessitates a remand for further adjudication.

Headnote:(A) Civil Procedure Code, 1908 - Relevant provisions for civil revision - Non-adherence to procedural norms can invalidate proceedings - Applicant sought revision against the dismissal of a suit for specific performance by lower court.

(B) Legal Principles - The court emphasized the need for adherence to procedural laws, stressing that a fair trial is fundamental to justice.

(C) Facts of the Case: The appellant contended that the lower court ignored critical evidence that warranted the specific performance of the contract.

(D)

Findings of Court:
The High Court found merit in the applicant's grievances and reinstated the case for further adjudication. (E)

Issues: Whether the lower court erred in its application of the law and facts in dismissing the suit for specific performance. (F)

Ratio Decidendi: The court ruled that a thorough examination of all evidences is essential for a fair trial and the lower court's disregard for evidence constituted a procedural error. (G)

Result: The civil revision petition was allowed, and the case was remanded for fresh consideration.

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