KHANT JADAV NAJA Vs. PATEL RAJA KACHRA RAKHOLIA
HIGH COURT OF GUJARAT
KHANT JADAV NAJA
PATEL RAJA KACHRA RAKHOLIA
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(1.) THE Assistant Judge Rajkot District Gondal thought that the additional issue namely whether respondent No. 3 had a right to sell the property was necessary. He therefore set aside the decree of the trial Court and remanded the whole suit for retrial. In the circumstances the learned Judge should have followed the provisions of Order 41 Rule 25 and should not have remanded the suit under Order 41 Rule 23 C. P.Code which contemplates remanded only when the suit is decided on a preliminary point and the decree is reversed in appeal.
(2.) THE order passed by the learned Assistant Judge Gondal is therefore set aside and the issue framed by the learned Assistant Judge is referred to the trial Court under Order 41 Rule 25 C. P. Code THE trial Court shall proceed to try such issue and shall return the evidence to the appellate Court that is to the District Court at Rajkot together with its finding thereon and the reasons therefor. THE appellate Judge namely the District Judge Rajkot should then decide the appeal in accordance with the provisions of Order 41 Rule 25 Civil Procedure Code. No order as to costs.;
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