The Muslim Jamath of Eachampatti rep. by its Secretary v. Rahmathulla Shuthari @ Peer Hazarath
1997-12-04
S.S.SUBRAMANI
body1997
DigiLaw.ai
Judgment :- 1. Second Appeal was disposed of by me as per judgment dated 5-8-1997. I set aside the judgments of the Courts below, and allowed the Second Appeal. 2. Learned Senior Counsel for Petitioner herein, Mr. T.R. Rajagopalan, has filed an affidavit stating that he was not heard in the matter fully and, therefore, he wants the judgment to be reconsidered. In the affidavit, it is further stated that even though he was prepared to argue the Appeal in full, he could not do so in view of certain questions put by Court, and since he honestly believed that the matter will be remanded for reconsideration. 3. Though the averments in the affidavit are seriously opposed by a counter filed by the respondent No. 1, I do not want to make the same an issue when the learned Senior Counsel himself has filed an affidavit slating that he was not heard fully. The Court should not stand on technicalities in such matters. Therefore, I am of the view that it is appropriate that the judgment should be set aside and the appeal should be reheard. The Review Application is, therefore, allowed. No costs. In C.M.P. 13389 of 1997, no order is necessary. Post the Second Appeal for hearing 20-11-97.