1. The present First Appeal has been filed by the Appellant – Original Defendant under Section 96 of the Code of Civil Procedure being aggrieved with the impugned judgment and order rendered by the learned Senior Civil Judge, Valsad, Camp at Vapi in Special Civil Suit No.78 of 2007 dated 22.2.2011 on the grounds stated in the memo of Appeal.
2. Heard learned Advocate Mr. Mehul Shah appearing with learned Advocate Mr. P.M.Dave for the Appellant as well as learned Advocate Mr. Hriday Buch for the Respondent.
3. After arguing the matter for some time and in view of the contentions raised by learned Advocates appearing for the parties with regard to the jurisdiction and also considering the peculiar facts, which have been stated that the Advocate for the Appellant could not remain present, and the stage of cross- examination was closed, the interest of justice would be served if the matter is remanded back for deciding afresh.
4. Therefore, without entering into the merits of the matter, the impugned judgment and order is quashed and set aside, and it is remanded back to the trial court for deciding afresh in accordance with law on merits after providing an opportunity to both the sides to produce and lead the evidence.
5. It goes without saying that the trial court shall make an endeavour to dispose of the Suit as early as possible, preferable within 6 months. The Appellant – Original Defendant shall deposit 20% of the principal amount before the Nazir of the trial court by account payee cheque within a period of 3 weeks without prejudice to the rights and contentions.
6. The direction with regard to the deposit may not be construed in any manner as having considered the matter on merits. The amount so deposited with the trial court is directed to be invested in the name of Nazir of the court in a fixed deposit with any nationalized bank initially for a period of 6 months, which will be subject to further renewal, if situation so require.
7. The present First Appeal accordingly sands disposed. The Civil Application also stands disposed of accordingly.
(Rajesh H. Shukla,J) Jayanti*