RAGHUVIR Vs. ANGANA DEVI W/O RAM CHANDRA

JUDGEMENT

(1.) Heard the counsel for the parties. I am of the considered view that the following substantial question of law indeed arises at the threshold in this second appeal.

(2.) Perusal of the record of the Trial Court indicates that the application under Order 41, Rule 27 CPC was disposed of as infructuous on 25.01.2007 subsequent to the first appeal itself being dismissed on the said date. In fact as per settled law the application in issue had to be decided with the first appeal itself. A procedural error is thus starkly evident. In the circumstances the substantial question of law framed in the appeal has to be answered in favour of the appellant.

(3.) Mr. M.I. Khan appearing for the respondent-plaintiff, in this view of the factual situation obtaining from the record concedes that the judgment and decree dated 25.01.2007 passed by the Additional District Judge No.2, Kishangarh, Alwar affirming the judgment and decree dated 24.8.2002 passed by the Civil Judge (Junior Division), Mundawar be set aside and the matter remanded to the First Appellate Court to decide the first appeal afresh along with the application under Order 41, Rule 27 CPC. He however prays that as the underlying suit pertains to the year 1990 (No.13/1990), the First Appellate Court be directed to dispose of the remanded appeal within a period of eight weeks from the receipt of record of the case before this Court and now to be remitted to it.