Rifat Ara (Dr. ) vs S. Karan Singh Raina

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 640

PUNEET GUPTA
Rifat Ara (Dr. ) – Appellant
Versus
S. Karan Singh Raina – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: R.A. Jan; Vikas Magotra
For the Respondent: V.R. Wazir; Abhishek Wazir; A.S. Chib

JUDGMENT :

Puneet Gupta, J.

(Through Virtual Mode Srinagar)

1. The present Civil first Miscellaneous Appeal is filed by the appellants against the judgment passed by the Court of learned Additional District Judge, Jammu, whereby the appellate court set-aside the judgment and decree passed by the trial Court and remanded the case back to the trial Court for deciding the issue No. 3 along with other issues after taking evidence. The appellants herein were defendants before the trial Court. The respondent-plaintiff is represented through his counsel.

2. Mr. V.R. Wazir, learned senior counsel appearing on behalf of respondent-herein had raised a preliminary issue of the maintainability of the present appeal. The learned senior counsel has submitted that the present appeal is misconceived as only Civil Second Appeal on substantial question of law could be filed as the judgment of the appellate court is passed in the First Appeal filed against the judgment and decree passed by the trial Court.

3. Mr. R.A. Jan, learned senior counsel appearing for the appellants has contested the argument of respondent by submitting that the present appeal is maintainable for the reason that the appellate cour

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