KHYALIRAM Vs. STATE OF M. P.
HIGH COURT OF MADHYA PRADESH
STATE OF M. P.
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Sheel Nagu,J. -
(1.) Learned counsel for the rival parties are heard through video conferencing.
1. Present petition filed u/Art.227 of the Constitution of India invoking supervisory jurisdiction of this Court assails the final order dated 03.10.2020 passed by the Additional Commissioner Revenue, Gwalior rejecting the second appeal preferred by the petitioner against the order of SDO passed in first appeal on the ground that the amended M.P. Land Revenue Code does not recognize the concept of second appeal since 25.09.2018.
(2.) Learned counsel submits that the right to second appeal is a vested right which emanates and continues to be available to the litigant since the institution of the suit/original case and therefore the amendment in the M.P. Land Revenue Code with effect from 25.09.2018 cannot take away this right which had accrued prior thereto.
(3.) Learned counsel for petitioner has not been able to cite any judicial pronouncement in his favour and this Court is of the considered view that the remedy of second appeal which was otherwise available to petitioner having lost in the first appeal under the unamended MPLR Code prior to 25.09.2018, would not be available thereafter for the reason that remedy of second appeal by it's very nature is not available to a litigant as a vested right since the institution of the lis in the court of first instance.;
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