ADITYA NATH MITTAL
Ram Asrey (Second Appeal 925/1979) – Appellant
Versus
Anara – Respondent
Aditya Nath Mittal, J. -- Heard learned counsel for review petitioner, learned counsel appearing for the opposite parties and perused the record.
2. This review petition has been preferred against the judgment and order dated 04.05.2015 passed by this court in Second Appeal no.925 of 1979, whereby the appeal was allowed. The operative portion of the order, on reproduction, reads as :
"From the aforesaid discussion, it is clear that the plaintiff and the defendant stood in a fiduciary relationship and the said gift deed was got executed by exercising undue influence and fraudulent misrepresentation. Learned trial court has considered each and every aspect of the said transaction. His findings are more close to the pleadings and evidence on record while the findings of learned first appellate court are far away from the pleadings and evidence on record. Although, it has not been argued but it is also relevant to mention that the learned first appellate court has not formulated the points for determination in view of the provisions of Order XLI Rule 31 of the C.P.C.
In view of above, the judgment and order dated 4.9.1979 passed by the first appellate court is liable to be set
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