1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicants herein - original defendants to quash and set aside the impugned judgement and order dated 31/12/2007 passed by learned Additional District Judge, Fast Track Court No.1, Surendranagar in Regular Civil Appeal No.30 of 2007 and consequently to restore order dated 29/09/2006 passed by learned Principal Civil Judge, Wadhwan in Civil Suit No.34 of 1997.
2. Today when the present Civil Revision Application is taken up for final hearing, considering the fact that while passing the impugned judgement and order, the learned Appellate Court has not discussed the evidence at all and without any specific finding, decree has been passed and in view of the broad consensus between learned advocates appearing on behalf of the respective parties, it appears that the impugned judgement and order passed by learned Appellate Court deserves to be quashed and set aside and the matter is required to be remanded to the learned Appellate Court to decide and dispose of the same afresh in accordance with law and on merits, after giving an opportunity to all concerned.
Learned advocates appearing on behalf of the respective parties has requested to make suitable observation that the learned Appellate Court to decide and dispose of the said appeal afresh in accordance with law and on merits and without in any way being influenced by the present order. Learned advocates appearing on behalf of the respective parties do not invite any further reasoned order while quashing and setting aside the impugned order and remanding the matter to the learned Appellate Court for deciding the same afresh in accordance with law and on merits.
3. In view of the above broad consensus between the learned advocates appearing on behalf of the respective parties as recorded hereinabove, the present Civil Revision Application is allowed and impugned judgement and order dated 31/12/2007 passed by learned Additional District Judge, Fast Track Court No.1, Surendranagar in Regular Civil Appeal No.30 of 2007 is hereby quashed and set aside and the matter is remanded to the learned Appellate Court for deciding the same afresh in accordance with law and on merits. It is observed that this Court has not expressed anything on merits in favour of either of the parties and learned Appellate Court to decide and dispose of the said appeal afresh in accordance with law and on merits, without in any way being influenced by the present order of quashing and setting aside the impugned order passed by learned Appellate Court.
In the facts and circumstances of the case, learned Appellate Court to finally decide and dispose of the Regular Civil Appeal No.30 of 2007 in accordance with law and on merits, at the earliest but not later than six months from the date of receipt of the copy of the present order. Rule is made absolute to the aforesaid extent. No costs.
[M.R.SHAH,J] *dipti Top