1. Both these Second Appeals u/s.100 of the Code of Civil Procedure have been preferred by the respective appellants – original defendants to quash and set aside the common judgement and order dated 23/01/2007 passed by learned Additional District Judge, Fast Track Court No.2, Surendranagar in Regular Civil Appeal No.28/2002 as well as Regular Civil Appeal No.29/2002, by which, learned Appellate Court has allowed the aforesaid appeals preferred by the respondents herein – original plaintiffs and has quashed and set aside the judgement and decree dated 20/08/2002 passed by learned Civil Judge (J.D.), Wadhvan in Regular Civil Suit Nos.83/1991 as well as 84/1991, by which, learned Trial Court has dismissed the aforesaid suits and decreed the aforesaid suits.
2. In Regular Civil Suit No.83/1991, the respondents herein – original plaintiffs have instituted the said suit for recovery of arrears of rent of Rs.10,000/- only. In Regular Civil Suit No.84/1991, the respondents herein – original plaintiffs instituted the suit for recovery of arrears of rent of Rs.9,000/- only. Both the aforesaid Regular Civil Suits came to be dismissed by learned Civil Judge (J.D.), Wadhvan by judgement and decree dated 20/08/2002.
Being aggrieved by and dissatisfied with the judgement and decree passed by learned Civil Judge (J.D.), Wadhvan in Regular Civil Suit Nos.83/1991 and 84/1991, the respondents herein – original plaintiffs preferred Regular Civil Appeal Nos.28/2002 and 29/2002. However, in the said appeals, respondents herein – original plaintiffs claimed at Rs.60,000/- and Rs.1,40,000/- respectively and valued the respective appeals at Rs.60,000/- and Rs.1,40,000/- respectively (though in the original suits, the plaintiffs put the valuation at Rs.10,000/- and Rs.9,000/- only and prayed for decree of Rs.10,000/- and Rs.9,000/- respectively.) That by impugned common judgement and order dated 23/01/2007, the Learned Additional District Judge, Fast Track Court No.2, Surendranagar has allowed both the aforesaid appeals and has decreed the respective suits. That being aggrieved by and dissatisfied with the common judgement and order passed by learned Appellate Court, the respective appellants herein – original defendants have preferred both these Second Appeals.
3. After both the appeals were argued for sometime, there is a broad consensus between learned advocates appearing on behalf of the respective parties that the impugned common judgement and order passed by learned Appellate Court be quashed and set aside and the matters be remanded to the learned Appellate Court to decide and dispose of the said appeals afresh in accordance with law and on merits, considering valuation of the respective Suits at Rs.10,000/- and Rs.9,000/- only and not at Rs.60,000/- and Rs.1,40,000/- respectively as pleaded by the respondents herein – original appellants in respective appeals. Learned advocates appearing on behalf of the respective parties do not invite any further reasoned order while quashing and setting aside the impugned common judgement and order passed by learned Appellate Court and remanding the matter to the learned Appellate Court. Hence, this Court is not assigning any further reasoned order while allowing both these Second Appeals and remanding the matter to the learned Appellate Court by quashing and setting aside the impugned common judgement and order passed by learned Appellate Court in Regular Civil Appeal Nos.28/2002 and 29/2002.
4. In view of the above, both these Second Appeals are allowed. The impugned common judgement and order dated 23/01/2007 passed by learned Additional District Judge, Fast Track Court No.2, Surendranagar in Regular Civil Appeal Nos.28/2002 as well as 29/2002 are hereby quashed and set aside and both these Regular Civil Appeals are remanded to the learned Appellate Court for deciding the same afresh in accordance with law and on merits, considering the valuation of the respective suits at Rs.10,000/- and Rs.9,000/- only and not at Rs.60,000/- and Rs.1,40,000/- respectively as pleaded by the respondents herein – original appellants in respective appeals.
Learned Appellate Court to decide and dispose of the aforesaid appeals in accordance with law and on merits and without in any way being influenced by the present order as this Court has not expressed anything on merits in favour of either of the parties with respect to reliefs sought in the respective suits. Learned Appellate Court to decide and dispose of the aforesaid appeals on remand at the earliest but not later than six months from the date of receipt of copy of the present order. With this, both these Second Appeals are allowed to the aforesaid extent. No costs.
[M.R.SHAH,J] *dipti