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2000 (10) TMI 967

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..... gh Court of judicature at Rajasthan, passed on an application filed under Order 41, Rule 27 c. P. C. in SBCMA 413/91. We are not adverting to the merits of the case because the matter has to be decided by the High Court. Suffice it to mention that the said application under Order 41, Rule 27 as well as another application under order 6, Rule 17 praying for amendment of the grounds of appeal, were .....

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..... e Court found that it was able to pronounce the judgment on the state of the record as it was, and so, it could not require additional evidence to enable it to pronounce the judgment, it still considered that in the interest of justice something which remained obscure should be filled up so that it could pronounce its judgment in a more satisfactory manner. This is entirely for the Court to consid .....

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..... the dismissal of the application is untenable. The order under challenge cannot, therefore, be sustained. It is accordingly set aside. The application is restored to its file. The High Court will now consider the appeal and the application and decide the matter afresh in accordance with law. (5) In view of the fact that the appeal arises out of acquisition proceedings initiated in 1969, we exp .....

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