LILADHAR KARUNASHANKAR TRIVEDI Vs. MINAXIBEN BHAGWANDAS TRIVEDI

JUDGEMENT

(1.) THIS matter is placed before us by virtue of an order passed by the Hon'ble the Chief Justice pursuant to an order passed by learned single Judge in Second Appeal No. 114 of 2006 on 18-9-2006, wherein a question arose as to whether a second appeal would be maintainable in view of provision contained in Sec. 299 of the Succession Act, which provides for only one appeal. According to the learned single Judge, the provisions contained in Sec. 24 of the Gujarat Civil Courts Act and Sec. 299 of the Succession Act run repugnant to each other and unless there is an amendment in the Succession Act, it would be doubtful whether such Second Appeal would be maintainable? Therefore, the matter is placed for consideration of the question before this Division Bench.

(2.) WE have heard learned Senior Advocate, Mr. J. R. Nanavaty, appearing with Mr. Mehul Rathod, learned Advocate, Mr. Hriday Buch and learned additional Advocate General, whom we had called upon to address us, on the issue, it being of general importance and relates to interpretation of the provision of law.

(3.) BEFORE adverting to the discussion on the subject and before addressing the question posed before us, it would be appropriate, if certain provisions of law, which are very relevant, are quoted here.