CHANDRABAI MANGUESH ARAMBOLKAR Vs. RUKMIN TORASKAR AND ORE
SUPREME COURT OF INDIA
CHANDRABAI MANGUESH ARAMBOLKAR
RUKMIN TORASKAR AND ORE
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(1.)A suit filed by the respondents for possession mesne profits and damages finally was set down for trial in which plaintiffs closed their evidence on 10th march, 1970. The defendant whose legal heirs are the appellants before us asked could not be impeached in theappeal against the final decree. So staling, the appeal was dismissed.
(2.)Suffice it to state, that the reason given by the Learned Judicial commissioner seems to be erroneous and cannot be sustained. The parties can challenge the validity of an interlocutory order in an appeal against the final decree unless such an order was appealable. Not filing a revision against such order is no ground to ignore the illegality vitiating the disposal of the suit.
(3.)In the result, we allow the appeal reversing the order of the learned Judicial commissioner and remand the matter to the Trial court for fresh disposal in accordance with law after affording opportunity to the parties to produce evidence. The parties shall appear before the Trial court on 11/04/1990 to receive further directions. The defendant shall file a list of witnesses within two weeks thereafter. The court may expeditiously dispose of the matter at any rate within six months. Status quo as to possession shall continue.
The appeal is disposed of accordingly. No costs.
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