Gujarat High Court
Gujarat Housing Board vs Chetas Corp on 21 April, 2022
Author: Aravind Kumar
Bench: Aravind Kumar, Ashutosh J. Shastri
C/FA/3869/1995 JUDGMENT DATED: 21/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3869 of 1995
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 1 of 2019
In R/FIRST APPEAL NO. 3869 of 1995
With
R/FIRST APPEAL NO. 3870 of 1995
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 1 of 2019
In R/FIRST APPEAL NO. 3870 of 1995
With
R/FIRST APPEAL NO. 3871 of 1995
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 1 of 2019
In R/FIRST APPEAL NO. 3871 of 1995
With
R/FIRST APPEAL NO. 3872 of 1995
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 1 of 2019
In R/FIRST APPEAL NO. 3872 of 1995
With
R/FIRST APPEAL NO. 3873 of 1995
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 1 of 2019
In R/FIRST APPEAL NO. 3873 of 1995
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
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1 Whether Reporters of Local Papers may be allowed to
see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the
judgment ?
4 Whether this case involves a substantial question of
law as to the interpretation of the Constitution of India
or any order made thereunder ?
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GUJARAT HOUSING BOARD
Versus
CHETAS CORP. & 4 other(s)
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Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1
for the Defendant(s) No. 2,3,4
RULE SERVED for the Defendant(s) No. 5
MR. PARAS SUKHWANI, ADVOCATE for the Defendant(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 21/04/2022
COMMON ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR) [1] In these five appeals correctness and legality of the judgment and decree dated 27.10.1994 passed in Civil Suit No.3144/1982, dated 22.02.1995, Civil Suit No. 148/1983, dated 27.10.1994, Civil Suit No. 4202/1983, dated 25.10.1994, Civil Page 2 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 Suit No. 1483/1983 and dated 22.02.1995, Civil Suit No. 4457/1982 have been called in question.
[2] For the purpose of convenience, we have tabulated the details of the suit numbers, etc. hereinbelow:
Serial No. of the Amount claimed Result of the Appeal No. Counter No. Civil Suit in the Suit Suit claim, if any, made by the defendants 1 3144/1982 18,05,440.51 Dismissed on 3869/1995 2,50,000 preliminary point 2 148/1983 16,42,185.28 " 3870/1995 Nil 3 4202/1983 16,42,158 " 3871/1995 Nil 4 1483/1983 30,22,238.88 " 3872/1995 cross suit CS No.495 of 1982 filed and dismissed for which no appeal is filed 5 4457/1982 13,90,841.21 " 3873/1995 5,72,259 [3] The plaintiff - Gujarat Housing Board (hereinafter referred to as the 'Board' for the sake of brevity) filed the aforesaid suits for recovery of certain amounts due from the defendants contending inter alia that it is a body corporate under the Gujarat Housing Board Act, 1961, having perpetual succession and a common seal. It was also contended that Page 3 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 pursuant to the tenders invited for construction of 284 Low Income Group Housing Tenements at Gotri, Vadodara at an estimated cost of Rs. 23,95,753/- in the Bids received, the one offered by the defendant No.1 represented by its partner defendant Nos. 2 to 6 was accepted by the competent authority.
Pursuant to which, an agreement was entered into. It was also contended that work order was issued in the month of June, 1979 under which contract, the defendants were required to complete the work within 18 months. It was also pleaded that defendants gave bank guarantee towards security deposit and the work did not progress at the pace at which it ought to have. It is further stated that despite defendants being informed by the plaintiff to hasten up the work, they did not carry out any construction and thereby had committed breach of contract. Hence, plaintiff is said to have levied the damages as per-estimated damages. Plaintiff further pleaded that the defendants had committed breach of contract and had abandoned the work and as such it was entrusted to a third party agency to complete the construction again by inviting public tender and hence, claiming additional amount that has been spent by the plaintiff the defendants would be liable to pay the same on account of breach Page 4 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 committed by them, filed the suit for recovery of the amounts. In respect of other suits also similar claim was laid by the plaintiff.
[4] On service of suit summons, defendants appeared and filed their written statement denying the averments made in the plaint, except to the extent expressly admitted thereunder. [5] In Civil Suit No.3144 of 1982 a counter claim of Rs.2,50,000/- and in Civil Suit No. 4457 of 1982 a counter claim of Rs.5,72,259/- with interest at the rate of 18% per annum were raised.
[6] During the course of the trial, defendants filed an application under Order VI Rule 17 of the C.P.C. seeking amendment of the written statement, namely, to incorporate paragraph 5(A) in the written statement by raising additional plea of maintainability of the suit which application came to be allowed and as such the amendment of the written statement came to be carried out by incorporating paragraph No.5(A). Based on the pleadings of the parties, learned Trial Judge framed Page 5 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 several issues. On the strength of a pursis filed by the learned advocates appearing for the parties, with a request to take up the issue relating to the maintainability of the suit, said issue which had been framed in all the suits, came to be adjudicated and by judgment and decree held said issue in the negative and consequently dismissed the suit as not maintainable and so also the counter claims.
[7] It would be benefit to note at this juncture that the defendant in Civil Suit No.1483 of 1983 though did not file a counter claim had filed a separate suit being Civil Suit No.495 of 1982 which also came to be dismissed by judgment and decree dated 25.10.1994.
[8] Insofar as, dismissal of the suit filed by the plaintiff on the ground of non-maintainability, the five appeals, namely, First Appeal No. 3869 of 1995 to First Appeal No.3873 of 1995 have been preferred by unsuccessful plaintiff whereas the defendants whose counter claim / suit being Civil Suit No. 495 of 1982 are concerned, though were visited with a dismissal of their counter claim have not preferred any appeal. In other words, the Page 6 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 dismissal of the counter claim / suit filed by the defendants against the plaintiff has attained finality. [9] We have heard the arguments of Shri Rituraj M. Meena, learned counsel appearing for the appellant - Board and Shri Paras Sukhwani, learned advocate appearing for the defendants - respondents in these appeals. [10] It is the contention of Shri Rituraj M. Meena, learned counsel appearing for the appellant - Board that trial court committed a serious error in dismissing the suit on the ground of non-maintainability. He would contend that learned trial Judge erred in not considering the records available before it in proper perspective and thereby, it has occasioned miscarriage in the administration of the justice. Contending that learned trial Judge erred in misconstruing Sections 21 and 23 of the Gujarat Housing Board Act, in as much as, the Executive Engineer, Gujarat Housing Board is authorized to sign the contract entered into on behalf of the Board. He would also contend that trial court failed to appreciate that Gujarat Housing Board Act, empowers delegation of powers and by virtue of such delegation of powers Page 7 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 conferred, the Executive Engineer has entered into the contract and non-consideration of material evidence available on record has resulted in an erroneous judgment and decree being passed and as such it is liable to be set aside.
[10.1] Learned counsel appearing for the appellant having drawn the attention of this Court to the interlocutory application filed under Order XLI Rule 27 of the C.P.C. would request this Court to take on record the additional evidence and thereupon consider the documents appended to the said application as additional evidence by marking them as Exhibits which would throw light upon the real controversy between the parties and as such the trial court would not have dismissed the suit on hyper technical ground, namely, on the ground that Executve Engineer, Gujarat Housing Board was not empowered to enter into contract with the defendants. Hence, he prays for allowing the application filed for production of additional evidence. [10.2] He would also elaborate his submission by contending that even if this Court were to uphold the judgment and decree passed by the trial court with regard to the contract Page 8 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 or the agreement entered into between the plaintiff and defendants is unenforceable or void, even in said situation, plaintiff would be entitled to seek for enforcement of the terms of the contract against the defendants who have received advantage under the void agreement by virtue of Section 65 of the Indian Contract Act, 1872.
[10.3] In support of his submission, learned counsel appearing for the appellant has relied upon the following judgments:-
(i) In the case of Gujarat Housing Board versus Harilal Jethalal reported in 2001 (3) G. L. H. 157.
(ii) In the case of Municipal Board Gonda versus Bachchu reported in AIR 1951 Allahabad 736.
[11] Per contra, Mr. Paras Sukhwani, learned counsel appearing for the respondents defendants would support the judgment and decree passed by the trial Court and contends that agreement which was sought to be enforced by the plaintiff against the defendants was a void document or a void contract Page 9 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 in as much as person who has affixed his signature was not authorized to do so and no material whatsoever came to be produced before the trial court to establish or to prove such authorization being lawful and in the absence of contract to the contrary and in the background of Sections 21 and 23 of the Gujarat Housing Board Act, 1961 which would clearly mandate that person specified thereunder alone is entitled to and / or empowered to enter into a contract and in the instant case, it is not the Chairman of the Board who had entered into contract but the Executive Engineer who had no authority and power to enter into such contract and as such the contract being void ab initio, no right flowed to the plaintiff to enforce the said contract and as such dismissal of the suit is just and proper which would not call for interference. He would also contend that said contract did not contain the common seal or signature and as such in the absence of the same, the contract being unenforceable, it would partake the character of a void contract and hence, the dismissal of the suit by the trial court for the reasons set out in the judgment and decree is just and proper which would not call for interference at the hands of the appellate court. Hence, he prays for dismissal of the appeals.
Page 10 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 [11.1] Mr. Sukhwani, learned counsel would also contend that application for additional evidence which has been filed is without any merit and same is liable to be dismissed on the ground of delay and laches and there being no cogent reasons assigned for production of the documents appended to the said application at this length of time and necessary ingredients prescribed under under Order XLI Rule 27 of the C.P.C. being conspicuously absent, said application is liable to be dismissed. Hence, he prays for rejection of the appeals as well as applications. In support of his submission, he has relied upon the following authorities: -
(i) In the case of State of W.B. versus M/s. B. K. Mondal and Sons reported in AIR 1962 SC 779.
(ii) In the case of Bhikraj Jaipuria versus Union of India reported in AIR 1962 SC 113.
(iii) In the case of Hindustan Construction
Company, Muzaffarpur versus The State
Respondent reported in AIR 1963 Patna 254, Patna High Court.
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(iv) In the case of State of Punjab and others versus Parkash Baldev Krishan reported in AIR 1988 SC 2149.
[12] Having heard the learned counsel appearing for the parties and on perusal of the judgment and decree passed by the trial court as well as record and proceedings secured by the trial court and also after bestowing our careful and anxious consideration to the rival contentions raised at the bar, we are of the considered view that following points would arise for our consideration:-
(i) Whether interlocutory applications filed under Order XLI Rule 27 of the C.P.C. for production of additional evidence sought for by the appellant plaintiff deserves to be allowed or dismissed ?
(ii) Whether judgment and decree passed by the trial court answering preliminary issue in the negative, namely, in favour of the respondents- Page 12 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022
C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 defendants and against plaintiff-appellant deserves to be affirmed or set aside or modified ?
(iii) What order ? BRIEF - BACKGROUND: [13] The facts of the case having been narrated at the
preamble of this judgment, we are of the considered view that further elaboration of facts would only burden this judgment and would be repetitive and as such we do not propose to state facts as pleaded by the respective parties in their pleadings before the trial court, except to the extent required while delving upon the points formulated hereinabove:-
[14] The suit which was filed by the appellant plaintiff for recover of money from the defendants on the ground of breach of contract as well as on the ground that certain amounts which have been paid in advance to the defendants are to be recovered form them on account of they having abandoned the work entrusted to them resulted in several issues being framed by virtue of the pleadings of the parties as already noticed Page 13 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 hereinabove. However, the issue relating to the maintainability of the suit was taken up as a preliminary issue and answered against plaintiff.
[15] Rule 23 of the Order XLI of the C.P.C. enables the appellate court if, in the facts and circumstances of the case that would be unfolded, to remand a case by reversing the decree in appeal if it thinks fit, only in the circumstances of trial court having disposed of the suit on a preliminary issue. In the instant case, undisputedly trial court though framed issues on all points by giving a complete go-by to Rule (2) of Order XIV which mandates that it would be incumbent upon the trial court to pronounce judgment on all issues except the issue relating to the jurisdiction of the court when raised or the suit is barred by any law, trial court cannot undertake the exercise of deciding the preliminary issue inasmuch as in the event of appellate court were to remand the matter on this ground, the whole exercise of recording the evidence marking of the documents and re-hearing the matter would have to be commenced and in the event of evidence already being tendered and appellate court were to reverse the finding recorded by trial court, then in such an event appellate court would not be in a position to record its findings Page 14 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 on the entire matter due to lack of evidence which would result in waste of precious judicial time. Sub Rule (1) of Rule 2 of Order XIV, which starts with a non-obstante clause clearly mandates that notwithstanding that case may be disposed of on a preliminary issue, trial court would be required to pronounce its judgment on all issues subject to the provisions of Sub-Rule (2). Sub-Rule (2) would indicate that suit can be disposed on an issue of law, only that too if it relates to; (a) the jurisdiction of the Court or; (b) there being a Bar to adjudicate the suit created by law which is in force. In the instant case, merely on the concession extended by the learned counsel appearing for the parties, learned trial Judge seems to have proceeded to adjudicate the preliminary issue without even recording the evidence and that too on the basis of the pleadings of the parties. We are of the considered view that this exercise ought not to have been undertaken by the trial court.
Be that as it may. As noted hereinabove, suit having been dismissed on the preliminary point, namely, that it was not maintainable on account of the contract having been entered into by a person who is not competent or authorized, will have to be necessarily examined with reference to the contract itself. Page 15 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 The contract undisputedly has been produced before the learned trial Judge and same has been referred to in the plaint by the plaintiff and not denied by the defendants in the written statement. In fact, defendants who were privy to the contract have had the benefit of the said contract, namely, they have received the work order and have also received certain amounts from the plaintiff for which bank guarantee was also offered in the declaration form which has been filed as per the terms set out in the agreement. The defendants have clearly admitted that after having carefully studied the conditions of the contract and other tender documents and agreeing to the same they had executed the said contract. Hence, it is too late in the day for the defendants to resile from the said contract by contending that there was no binding effect on them under the said contract. It is this contract which has been signed on behalf of the Gujarat Housing Board - the plaintiff by the Executve Engineer of the Board which was questioned by the defendant raising plea in the written statement that said person was not authorized to sign the said contract.
RE POINT NO.1:
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C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 The document which is sought to be produced by way of additional evidence is the resolution of the Board's 19 th meeting held on 24.08.1978 whereunder it has been resolved to approve the project of constructing LIG, MIG Flats at Vadaj and the resolution Nos.233 of 1978, 322 of 1979 and 323 of 1979 as well as the Works Manual under which the Divisional Officer has been authorized to sign the agreements. However, what has been produced are only the true copies. The true copies cannot be marked as exhibits. However, at the same time, the said documents having come from the custody of a statutory body, this court cannot lose sight of the fact that the said documents are to be disbelieved. Hence, it would be apt and appropriate for the learned trial Judge to examine the said issue. These documents which are sought to be produced or permitted to be placed before the learned trial Judge for consideration and for being marked subject to the production of either the certified copy or the original based upon which the learned trial Judge would be able to adjudicate the issue relating to the maintainability of the suit afresh.
Though we are of the considered view that the application for additional evidence deserves to be allowed but for the reason Page 17 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 that said documents accompanying the applications for additional evidence in respective appeals having been accompanied by true copies of documents which are sought to be exhibited, we remit these applications to the learned trial judge for being considered and documents being marked subject to the observations made hereinabove. Accordingly, we answer point no. 1 formulated hereinabove partly in the affirmative.
RE POINT NO.2:
In the light of the finding recorded on point No.1, it would not detain us for too long to adjudicate this point. The suit, as noticed hereinabove, has been disposed of on a preliminary point, namely, the Executive Engineer who had signed the agreement or contract was not empowered to and as such the suit was not maintainable. In fact, a similar issue had come up for consideration before a Co-ordinate Bench of this Court in the case of Gujarat Housing Board (supra) and came to be held as under:
"7.4 The Board is by section 74 of the Act, inter alia, empowered to make Regulations for regulating its procedure and disposal of business and under section 75, it Page 18 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 has power to make byelaws for carrying out its duties and functions under the Act. The Board is bound to comply with the directions of the State Government, as laid down under section 82 of the Act. The Bombay Housing Board, in the conduct of its business, provided in its regulations framed u/s 67[d], a copy of which is at exh. 134, at clause 9 that the Housing Commissioner, Assistant Housing Commissioner, Chief Accounts Officer, Executive Engineer and Estate Manager of the Bombay Housing Board shall exercise respectively the powers as specified in Appendix `i' thereto. Item 7 of Appendix `i' refers to Rule 185 Srl. No. 24 of the Rules of financial powers and delegates powers to execute deeds, contracts and other instruments subject to limit fixed by the Board, to the Housing Commissioner, Assistant Commissioner, Executive Engineer and Chief Accountants. Under Rule 6 (5) of the above Rules, the Board was required to follow, as far as possible, the principles laid down in the Bombay P. W. D. Manual. This delegation to the officers including Executive Engineers was subsequently continued as reflected from Part III Item 25 of the Circular dated 17th November 1980 at exh. 141, which refers to the revised delegation of powers under the Government Resolution dated 30th September 1980. The Executive Engineer was thus duly authorised by the Board to sign the contract on behalf of the Board. In fact, the authority of the Executive Engineer to sign the documents on behalf of the Board was not challenged on the ground that the Executive Engineer was not delegated such powers, but the challenge of the respondent in para 16 of the plaint was that the Chairman alone can sign the contract and the power could not have been delegated to the Executive Engineer. As noted above, the statutorily prescribed manner and form of contract did not require the Page 19 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 chairman himself to sign the contract when the contract is made by him for the Board and the only requirement was that it should be in writing and be sealed in the manner prescribed by Rule 6, which was duly satisfied in this case.
The finding of the trial Court that there was no contract in the eye of law and the plaintiff was therefore entitled to claim for the work done on the principle of quantum meruit, is therefore, in our opinion, erroneous."
In the teeth of the additional evidence which is sought to be tendered by the appellant and said application having been remitted to the trial court, it would be apt for the learned trial Judge to examine the said issue and record a finding afresh in the light of the additional evidence that would be available before it. Hence, we answer the issue point No.2 accordingly. RE POINT NO.3:
Since matter is being remanded back to the trial court, we are perforced to observe the sorry state of affairs which has unfoldeded in the present appeals. This is a suit filed about 43 years back and after a long drawn battle the learned trial Judge, has not adjudicated all the issues on merits which would have enabled this Court to decide the entire suit on re-appreciation of the evidence. We are constrained to remand the matter back to the trial court for two reasons; (i) the suits having been Page 20 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 dismissed by answering preliminary issue and; (ii) other issues having not been dealt with. At this juncture, it would be a benefit to note the judgment of the Hon'ble Apex Court in the case of J. Balaji Singh versus Diwakar Cole and others reported in AIR 2017 SC 2402 whereunder it came to be held as follows:-
"17. There are three provisions in the Code which deal with the power of the Appellate Court to remand the case to the Trial Court. These provisions are Order 41 Rules 23, 23-A, and 25.
18. So far as Order 41 Rule 23 is concerned, it enables the Appellate Court to remand the case to the Trial Court when it finds that the Trial Court has disposed of the suit upon a preliminary point. The Appellate Court in such cases is empowered to direct the Trial Court to decide all the issues on evidence on record."
[16] The trial courts across the state shall follow the dicta of the Hon'ble Apex Court as noted hereinabove together with order XIV in mind while adjudicating the civil suits on a preliminary issue. The Registry of this Court is directed to circulate this judgment to all the trial Court Judges for their guidance.
Page 21 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 [17] For the reasons aforestated, we proceed to pass the following ORDER
(i) Appeals are allowed in part with proportionate cost.
(ii) The judgment and decree dated 27.10.1994 passed in Civil Suit No.3144/1982, dated 22.02.1995 passed in Civil Suit No. 148/1983, dated 27.10.1994 passed in Civil Suit No. 4202/1983, dated 25.10.1994 passed in Civil Suit No. 1483/1983 and dated 22.02.1995 passed in Civil Suit No. 4457/1982 are hereby set aside and the matters stand remitted back to the trial court for adjudication afresh keeping in mind the observations made hereinabove.
(iii) Since the suit is almost 44 years old, we deem it proper to direct the learned trial Judge to take up these matters on day to day, basis and dispose of the same expeditiously and at any rate within an outer limit of three months from the date of receipt of the record and proceedings from this Court.
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(iv) It is made clear that both the parties shall cooperate with the trial court failing which the learned trial Judge would be entitled to mulct the such of those parties who seek for adjournment with exemplary costs.
(v) It is also made clear that no further extension of time on whatsoever ground would be granted since the suit is 44 years old. Since these appeals having been allowed, Registry of this Court is directed to refund the Court Fee paid on the appeal memorandum to the appellant by transferring the said amount to the account of the appellant on an affidavit being filed specifying thereunder the name of the Bank, Branch, IFS Code etc., if any, and enclosing the copy of the pass book as the case may be.
(vi) Registry to draw the decree accordingly forthwith.
(vii) Registry is directed to transmit the record and proceedings to the trial court forthwith if necessary by deputing a special Messenger.
Page 23 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022 C/FA/3869/1995 JUDGMENT DATED: 21/04/2022 (viii) All pending applications, if any, stand consigned to records except to the extent indicated hereinabove. (ARAVIND KUMAR, C.J.) (ASHUTOSH J. SHASTRI, J.) DHARMENDRA KUMAR Page 24 of 24 Downloaded on : Sat Dec 24 15:19:03 IST 2022