Findings recorded either by Trial Court or by HC at inter locutory stage of suit were tentative in its nature

Mahipatsinh Madhubha Gohil and others Vs. Jivrajbhai Gilabhai Sachpara and others [GUJARAT HIGH COURT, 23 Apr 2014 ] 

Land & Property - Civil Procedure - Code of Civil Procedure, 1908, O. 39 r. 1, O. 39 r. 2 and O. 43 r. 1(r) - Cancellation of registered sale deed - Held, HC had examined the impugned order passed by the Trial Judge within the limited scope of provisions of O. 43 r. 1(r) of CPC, whereas the main controversy involved in the suit was at large before the trial Court to be adjudicated through full fledged trial - Findings recorded either by the Trial Court or by HC at inter locutory stage of the suit were tentative in its nature and the Trial Judge shall decide the case on its merit and as per evidence that may be led during the course of trial in accordance with law - No case was made out to interfere with the impugned order.

Print Page