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Vimal Chand Surana vs. Omprakash Agarwal & Anr.

52.00 5.20

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Rajasthan Rent Control Act, 2001–Secs. 9 & 18–Code of Civil Procedure, 1908–Order 14, Rule 5–Remand of matter by the Appellate Tribunal to decide the issue whether the eviction application u/s. 9 was maintainable or not in view of the provisions of Sec. 18–Justification–Earlier, the application under Order 14, Rule 5 was filed for framing the additional issue and it was dismissed on 16.12.2023–Order attained finality–Now, the Appellate Tribunal had no occasion to re-consider the same issue on the similar request of respondents–Impugned order set aside and matter remanded back to Appellate Tribunal for deciding the appeal.