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Heerabai & Ors. vs. Bherulal th. LRs.

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Code of Civil Procedure, 1908–Order 41, Rule 27–Remand of the case by appellate Court with setting aside the judgment passed by the trial Court–First appellate Court adverted to the merits of the case and passed the order–Trial Court had dismissed this suit, therefore, inevitable consequence subsequent to allowing the application under Order 41, Rule 27 is that the case has to be remanded–Interference declined.