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2009 DIGILAW 1225 (SC)

Satyandra Kumar (Dead) Through LRs. v. Mast Ram Uniyal (Dead) Through LRs.

2009-05-14

B.N.AGRAWAL, B.S.CHAUHAN, G.S.SINGHVI

body2009
ORDER : 1. Leave granted. Heard learned Counsel for the parties. 2. By the impugned order, the High Court, though framed substantial question of law involved in second appeals but without deciding the same, allowed the appeals and remitted the matter to the First Appellate Court. In our view, on this ground alone, the impugned order is fit to be set aside. 3. Accordingly, the appeals are allowed, impugned order rendered by the High Court is set aside and the matter is remanded to it to decide second appeals in accordance with law after giving opportunity of hearing to the parties. Appeal allowed by the Supreme Court held as above.