JAMNADAS MAGANLAL RANA Vs. RAMANBHAI SHANABHAI DHOBI

JUDGEMENT

(1.) The appeal is admitted for hearing the parties on the following substantial questions of law:

(2.) It is one of those unfortunate cases, where the learned first Appellate Court, without understanding what are its powers or without realising that what are its duties, has in a cryptic, cavalier and arbitrary manner decided the first appeal simply by observing that the learned trial Court has not committed any illegality. Therefore, it would not be open to the Appellate Court to interfere in the matter.

(3.) I have gone through the entire judgement. The judgement runs into as many as five pages, but, unfortunately, the whole of the judgement, with due respect to the learned first Appellate Court, is absurd and amounts to non-exercise of the jurisdiction vested in the first Appellate Court.