HANUMANT SINGH Vs KIRAN KUMARI .
Bench: DALVEER BHANDARI,DEEPAK VERMA
Case number: C.A. No.-008537-008537 / 2011
Diary number: 4608 / 2011
Advocates: SARAD KUMAR SINGHANIA Vs
SHOBHA
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8537 OF 2011
(Arising out of SLP(C) No.4437/2011)
HANUMANT SINGH Appellant(s)
:VERSUS:
KIRAN KUMARI & ORS. Respondent(s)
O R D E R
1. Leave granted.
2. This appeal emanates from the order dated 3rd
December, 2010 passed by the learned Single Judge of
the Rajasthan High Court in Civil Miscellaneous
Appeal No.2230 of 2010 thereby allowing the appeal
filed by the respondents herein.
3. Mr. Keshote, learned senior counsel appearing
on behalf of the appellant has taken the threshold
objection that the appeal was allowed by the High
Court without even issuing notice to the respondents
in the appeal.
4. Ms. Shobha, learned counsel appearing for
Mrs. Kiran Kumari and other respondents fairly
submitted that the impugned order was passed without
issuing notice to the respondents in the appeal. We
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are amazed as to how the appeal was allowed without
issuing notice to the respondents. Consequently, we
are constrained to set aside the impugned order
dated 3rd December, 2010 passed by the learned Single
Judge and remit the matter to the High Court.
5. The learned Single Judge is directed to
decide the appeal de novo after hearing both the
parties. Since the impugned order has been set aside
by us, the First Appellate Court would not proceed
in the matter in pursuance to the directions passed
by the learned Single Judge.
6. To avoid any delay in the matter, we direct
the parties to appear before the learned Single
Judge of the Rajasthan High Court on 14th November,
2011.
7. This appeal is accordingly disposed of.
.....................J (DALVEER BHANDARI)
.....................J (DEEPAK VERMA)
New Delhi; October 10, 2011.