LAWS(GJH)-2022-10-978

AAKAR MEDICAL STORES Vs. ATUL VAIKUNTHBHAI MEHTA

Decided On October 12, 2022
Aakar Medical Stores Appellant
V/S
Atul Vaikunthbhai Mehta Respondents

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and decree dtd. 30/4/2019 passed by the learned Principal District Judge, Bhavnagar, whereby the learned District Judge has confirmed the judgment and and decree dtd. 12/12/2013 passed by the learned Principal Senior Civil Judge, Bhavnagar in Regular Civil Suit No.386 of 1994, the original plaintiffs/appellants have filed the present second appeal.

(2.) Heard learned advocate appearing for both the parties and perused the judgment and order passed by both the Courts below and also taken into account the material placed on record of the appeal.

(3.) Considering the above facts the First Appellate Court has to apply its mind independently and frame the issues appropriately and independently. The provisions of Order 41 of C.P.C. provides that how the Appellate Court has to deal with the Appeal under Sec. 96 of the Code and the procedure is to be followed as per Order 41 of C.P.C.