Muzaffar Ali vs Dasaram

2. In our view, the impugned order is liable to be

set aside on a simple ground that while

deciding the Second Appeal, the High Court of

Madhya Pradesh had not considered a part of

the order of the Appellate Court, by which the

application filed by the appellant before the

Appellate Court under Order 41 Rule 27 of

the Code of Civil Procedure was rejected. It is

true that the First Appellate Court, while

1 deciding the First Appeal, had given reasons

for rejection of the said application but the

ground for such rejection was, as noted

hereinabove, not considered by the High

Court.

3. That being the position, we set aside the

Judgment of the High Court and direct it to

decide the appeal afresh on merits and in

accordance with law along with the

application under Order 41 Rule 27 of the

CPC and the reasons given by the First

Appellate Court for its rejection.

4. The High Court is now requested to decide

the second appeal along with the application

under Order 41 Rule 27 of the CPC on merits

within a period of three months from the date

of supply of a copy of this order. While

deciding the same, the High Court shall also

2 consider the reasons for rejection of the

application under Order 41 Rule 27 of the

CPC given by the Appellate Court.

5. The impugned order is, therefore, set aside.

The appeal is allowed to the extent indicated

above. There will be no order as to costs.

...............................J. [TARUN CHATTERJEE]

NEW DELHI: ..................... ......J. JANUARY 12, 2009. [ H. L. DATTU ]

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