KAMLESHSINGH HARNAMSINGH CHOWHAN Vs. GANGASINGH MOTISINGH CHOWHAN

JUDGEMENT

(1.) This Appeal challenges an order and judgment of the learned Single Judge of this Court dated 22nd July, 2004 ("the impugned judgment") by which the Suit filed by the Appellant / Plaintiff was dismissed on the ground that no case was made out by the Plaintiff.

(2.) An Appeal had been preferred by the Appellant challenging the impugned judgment which was disposed of by a judgment of this Court dated 18th December, 2013. The Division Bench of this Court set aside the impugned judgment and remanded the matter for a fresh trial on the ground that it would be unfair on the parties to proceed with the Appeal on record as it stands. The judgment of the Division Bench was challenged by the Respondent before the Supreme Court and the Supreme Court passed an order dated 27th April, 2015 setting aside the judgment of the Division Bench and held that

(3.) As a result thereof, this Appeal is required to be determined in light of the remand by the Supreme Court for consideration of all the issues on the basis of the position agreed to by and between the parties. Accordingly, we are determining this Appeal on the agreed position recorded by the learned Trial Court that no oral evidence is necessary and that the only document required to be interpreted is the Deed (Indenture of Trust) dated 29th March, 1949.