LAWS(GJH)-2022-10-505

BABUBHAI RANABHAI BHARDA Vs. KOLI LAKHIBAI BHIKHA

Decided On October 03, 2022
Babubhai Ranabhai Bharda Appellant
V/S
Koli Lakhibai Bhikha Respondents

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order dtd. 15/4/2002 passed by the learned Joint District Judge, Junagadh in Regular Civil Appeal No.01 of 2001, the appellants have filed the present second appeal.

(2.) Heard Mr.A.B. Munshi, the learned counsel appearing for the appellants 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. Though the notice of Rule is already served, none has remained present for and on behalf of the respondents.

(3.) Considering the above fact 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.