Learned counsel for the appellant Sri Mohd. Aslam Khan for the purpose of admission has submitted that it is mandatory on the part of the appellate court to comply the mandatory provisions of order XLI, Rule 31 C.P.C. while deciding the appeal which has not been done in the present case and in support of his submission he relied on the judgment passed by Hon. Apex Court in the case of Union of India and another Vs. Ranchod and others reported in [2009(27) LCD 407] wherein it has been held that:-
"There being total non-compliance of the mandatory provisions of Order XLI, Rule 31 CPC we have no option but to set aside the judgment of the High Court and remand the matter to the High Court for fresh consideration of the appeals."
Submission made by learned counsel for the appellant prima facie appears to be correct.
Admit on the substantial question of law framed as a, b, c and h.
Issue notice to the respondent returnable at an early date..
Till the next date of listing, parties are directed to maintain status quo as exists today.
Order Date :- 13.1.2010 Pramod