LAWS(GJH)-2022-10-605

STATE OF GUJARAT Vs. BHARTIBEN DINESHBHAI TANK

Decided On October 07, 2022
STATE OF GUJARAT Appellant
V/S
Bhartiben Dineshbhai Tank Respondents

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order dtd. 11/3/2016 passed by the learned Principal District Judge, Junagadh in Regular Civil Appeal No.89 of 2010, the appellants have filed the present Appeal.

(2.) Heard learned Counsels appearing for the respective parties. I have 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.) 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.