Full Judgment Text
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CASE NO.:
Appeal (civil) 6069 of 2001
PETITIONER:
KOLI BHANGABHAI V.
RESPONDENT:
KOLI BHURABHAI VAJABHAI & ORS
DATE OF JUDGMENT: 14/02/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO.6069 OF 2001
In our view, this appeal is bound to succeed on a very short question.
The High Court by the impugned judgment and order dt.09.08.2000 rejected the
contention of the appellant on the ground that the said contention was not raised before the
courts below. In our view, the question raised by the appellant was a pure question of law
which
ought to have been permitted by the High Court to be raised while deciding the appeal. That
being the position, we set aside the impugned order and remit the case back to the High Cour
t for
disposal in accordance with law after permitting the parties to raise the question that was
raised
in the appeal and thereafter decide the appeal. The appeal is allowed to the extend indicat
ed
above. There shall be no order as to costs.