Leave to amend is granted to add proposed substantial questions of law in arising in the present Second Appeal.
ADMIT.
Notice for final disposal, returnable on 16th July, 2012.
Following substantial questions of law arise for consideration of the present Second Appeal :-
Whether the learned lower appellate court is justified in deciding the appeal in most casual and mechanical manner and that too in one paragraph, though the appellate court is required to decide all the issues and re-appreciate the evidence as if the appellate court is conducting the suit?
Whether the learned appellate court was justified in deciding and disposing of the appeal without framing the Points for Determination as required under Order 41 Rule 31 of the Code of Civil Procedure?
In the facts and circumstances of the case, more particularly when the plaintiff is in possession of the suit premises since last more than 30 years, both the courts below are justified in refusing to pass decree for specific performance of the Agreement-to-sell, which has not been disputed by the original defendant?
Whether both the courts below are justified in refusing in refusing to pass decree for specific performance of the Agreement-to-sell executed between the plaintiff and the defendant on the ground that the Gujarat Housing Board is not a party to the suit?
Direct Service is permitted.
[M.R. SHAH, J.] rafik Top