Rajasthan State Ganganager Sugar Mills Ltd. & Anr. vs. State of Rajasthan & Ors.

Code of Civil Procedure, 1908–Order 41, Rule 1, Order 7, Rule 11–Rajasthan Tenancy Act, 1955–Sec. 223– Rejection of suit on the ground of limitation–Appeal alongwith the application under Order 41, Rule 1 r/w. Sec. 151 with prayer for exemption from filing the decree–View of RAA that the appellant failed to produce any certificate from the trial Court that the decree has not been prepared–Dismissal of appeal as not maintainable–BOR also dismissed the second appeal–Justification–As per amended provisions, appeal may be preferred without filing the copy of decree and in such a case, last paragraph of judgment shall, for the purpose of Order 41, Rule 1 be treated as decree–Impugned judgments of RAA & BOR set aside and matter remanded back to RAA for deciding on merits