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2011 (3) TMI 720 - SUPREME COURTWhether the defendants prove that the agreement of sale dated 25-6-1979 was taken by the plaintiff by practicing fraud on the II defendant as per the written statement of D1 and D2 - The High Court failed to realise that it was deciding the First Appeal and that it had to be decided strictly in adherence with the provisions contained in Order XLI Rule 31 of the Code of Civil Procedure, 1908 (hereinafter called CPC) and once the issue of alleged power of attorney was also raised as is evident from the point (a) formulated by the High Court, the Court should not have proceeded to point (b) without dealing with the relevant issues involved in the case, particularly, as to whether the power of attorney had been executed by the respondent in favour of his brother enabling him to alienate his share in the property - the matter to the High Court setting aside its judgment and decree (impugned) and request the High Court to decide the same afresh in accordance with law, as explained hereinabove - As the case has been pending for three long decades, request the High Court to decide it expeditiously - However, it is clarified that any observation made herein shall not adversely affect the cause of either parties.
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