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Chandanmal Vs. Rawatmal - Court Judgment

LegalCrystal Citation
CourtRajasthan High Court
Decided On
Case NumberSecond Appeal No. 44 of 1968
Reported inAIR1980Raj139; 1979()WLN530
ActsCode of Civil Procedure (CPC) , 1908 - Sections 100, 101 and 107 - Order 41, Rules 25 and 27(1)
Appellant Advocate H.M. Parekh, Adv.
Respondent Advocate Gopal Raj Singhvi, Adv.
DispositionAppeal accepted
Cases ReferredState v. Bhola Singh
civil procedure code remand - district court recording, evidence of expert with consent of parties--remand order net containing such directing--held remand order is peremptory and district court cannot act beyond direction of high court consent of parties does not confer jurisdiction on district court.;recording of the evidence of the experts certainly conflicts with the direction given by this court and such a course of action was not permissible even with the consent of the parties.;i am clearly and firmly of the opining that the learned district judge exceeded the limits of his jurisdiction and if was not competent for him to have allowed the parties to lead further evidence given the deferent could not be allowed to are contrary to the direct ton given by this court which is.....cases referred: roop kishore v. jug raj, ilr (1953) 3 raj 988; bench decision of andhra pradesh high court in balaswaraswami varu v. mallidi dorayya, air 1972 andh pra 250; kesho ram v. board of revenue, u. p., allahabad, air 1972 all 360; k. veerabasappa v. court of district judge at chitradurga, air 1970 kant 40; bhopal sugar industries ltd. v. income-tax officer, bhopal, air 1961 sc 182; sarju pershad ramdeo sahu v. jwaleshwari pratap narain singh, air, 1951 sc 120; keshulal v. ram dayal, 1960 raj lw 595; sumermal v. hukma, 1964 raj lw 7; state v. bhola singh, air 1969 raj 219disposition: appeal accepted

Cases Referred:

Roop Kishore v. Jug Raj, ILR (1953) 3 Raj 988; Bench decision of Andhra Pradesh High Court in Balaswaraswami Varu v. Mallidi Dorayya, AIR 1972 Andh Pra 250; Kesho Ram v. Board of Revenue, U. P., Allahabad, AIR 1972 all 360; K. Veerabasappa v. Court of District Judge at Chitradurga, AIR 1970 Kant 40; Bhopal Sugar Industries Ltd. v. Income-tax Officer, Bhopal, AIR 1961 SC 182; Sarju Pershad Ramdeo Sahu v. Jwaleshwari Pratap Narain Singh, AIR, 1951 SC 120; Keshulal v. Ram Dayal, 1960 Raj LW 595; Sumermal v. Hukma, 1964 Raj LW 7; State v. Bhola Singh, AIR 1969 Raj 219


Appeal accepted

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