- (1.) HEARD learned counsel for the appellants Mr. J.L. Purohit. Admit.
(2.) THE following substantial question of law arises for consideration in the present second appeal by this Court: (i) Whether after passing of the order allowing the appeal and dismissing the suit vide judgment dated 16.07.2008, the Court had no jurisdiction to proceed further in the appeal and pass a fresh judgment dated 13.01.2010 ? Learned counsel for the appellant urged that once a compromise between purchaser of the suit property respondent No.3 - Ramesh Chandra and his entering into compromise with present appellant-defendant, the first appellate court had already disposed of the appeal in view of compromise vide order dated 16.07.2008, therefore, the appeal could not be kept pending at the instance of the respondent No.1 LRs of Smt. Gendi Bai, who has already sold the suit property to respondent No.3 Ramesh Chandra, who may not be interested in pursuing the present appeal. While dismissing the appeal of the appellant- defendant, the the first appellate court ­ Additional District Judge (Fast Track) Abu Road, district Sirohi appears to have missed the previous order dated 16.07.2008 of the same court. This mistake on the part of the first appellate court calls for a remand of the case to the appellate court. Consequently, this Court is of the opinion that this matter is remanded back to the said court of the learned Additional District Judge (Fast Track), Abu Road, Sirohi, who may decide the appeal afresh keeping in view the order dated 16.07.2008. The present second appeal is accordingly disposed of. The question framed for consideration by this Court is answered accordingly. No order as to cost. ;