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Jyoti & Ors. vs. State of Rajasthan & Ors.

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Rajasthan Tenancy Act, 1955–Sec. 224–Code of Civil Procedure, 1908–Order 22, Rules 4 & 9–Death of certain persons during the pendency of first appeal–Decision of the first appeal rendered legally unsustainable–In second appeal, BOR set aside the orders of Trial Court and RAA, and remanded back the matter to the Trial Court–Since, the illegality occurred at the stage of first appeal, it would be proper to remand the matter to RAA for fresh adjudication–Directed accordingly.