LAWS(GJH)-2022-10-964

STATE GOVERNMENT Vs. JAYABEN MANSUKHBHAI PATEL

Decided On October 14, 2022
STATE GOVERNMENT Appellant
V/S
Jayaben Mansukhbhai Patel Respondents

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order dtd. 30/1/2021 passed by the learned 5 th Additional District Judge, Gondal in Regular Civil Appeal No.16 of 2019 confirming the judgment and order dtd. 17/4/2018 passed by the learned Principal Senior Civil Judge, Gondal in Regular Civil Suit No.349 of 2016, 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.