NAGJIBHAI SAVABHAI vs SARABHAI BHAGVANBHAI

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GUJARAT HIGH COURT
A.J.DESAI, J
NAGJIBHAI SAVABHAI – Appellant
Versus
SARABHAI BHAGVANBHAI – Respondent

Advocates:
For the Appellants/Petitioners: MR PRADEEP PATEL
For the Respondents: MR KIRTIDEV R DAVE, MR RAHUL K DAVE

Table of Content
1. appeal challenges regarding procedural adherence. (Para 3 , 5)
2. appellants argue lower court's failures. (Para 6)
3. court outlines appellate court compliance. (Para 8 , 9 , 10)
4. court's rationale for remanding the case. (Para 14)
5. final ruling quashes prior judgment, case remanded. (Para 15)

JUDGEMENT

1. Heard learned advocates for the parties. Admit.

2. Mr. Kirtidev R. Dave, learned advocate appearing for the respondent waives service of notice of admission. With the consent of the parties, the matter is taken up for final hearing with regard to the judgement and order passed by the learned Additional District Judge being the appellate Court, which is contrary to the provisions of Order – 41 Rule – 31 as well as the provisions of Bombay Civil Manual.

3. By way of the present Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”), the appellants - original defendants have challenged the judgement and order dated 13.4.2012 passed by the Additional District Judge, Surendranagar, in Regular Civil Appeal No. 10 of 2008, by which, the appeal preferred by the present appellants – defendants for p

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GUJARAT HIGH COURTA.J.DESAI, JNAGJIBHAI SAVABHAI – AppellantVersusSARABHAI BHAGVANBHAI – Respondent

GUJARAT HIGH COURT
A.J.DESAI, J
NAGJIBHAI SAVABHAI – Appellant
Versus
SARABHAI BHAGVANBHAI – Respondent