Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 929 of 1991 Appellant :- Smt. Janki Devi And Another Respondent :- Prabhu Narain And Others Counsel for Appellant :- N.K. Saxena,Alok Kumar Yadav Counsel for Respondent :- B.S.Panday,G.K.Gupta
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Alok Kumar Yadav, learned counsel for appellants, Sri G.K. Gupta, learned counsel for respondents and perused the material brought on record.
This appeal has been preferred against the judgment and order dated 08.07.1991 passed by Motor Accident Claims Tribunal/VIth Additional District and Sessions Judge, Azamgarh allowing the appeal and remanding the case to the trial court after setting aside the judgement and order dated 22.05.1987 passed by XIth Additional Munsif, Azamgarh in O.S. No. 345 of 1990.
Learned counsel for appellants has brought in challenge the order of first appellate court whereby on the report of Commissioner at Exihibt 64 क which was confirmed by the trial court and no objection was filed by the defendant despite that the first appellate court remand the matter to the court below where the suit was decreed in their favour. The document which was already before the court where the suit was decided. Further the tribunal could not have based on decision of such service and to which, therefore, the order of the first appellate court remanded the matter is bad in the eyes of law. The subsequent may be was also before the trial court when it decided the suit and, therefore, there was no question of remanding the matter.
As against this Sri G.K. Gupta, learned counsel appearing for the respondents has submitted that the order of remand is just and proper. While going through the judgment of the first appellate court perversity has crept into the said order and that is why this Court granted stay. Though this appeal was expedited. The lower appellate court which has directed the trial court to decide the suit No. 348 of 1980 afresh on the issues it has framed cannot be sustained and is quashed. The first appellate court shall itself decide all issues and returned its finding on or before 31.12.2019 after hearing all the parties. The substituted heirs No.2 will be substituted in the memo of appeal also before the tribunal. As they could not have been substituted in the suit proceedings as there was stay in this matter. The substitution will be carried out during course of the day or latest by tomorrow.
The appeal succeeds and is allowed. The first appellate court shall decide the appeal on merits and also try for alternate dispute redressal as the parties are interrelated and the litigation is pending since 1980.
Order Date :- 25.7.2019 Shubhankar