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CASE NO.: Appeal (civil)  6069 of 2001

PETITIONER: KOLI BHANGABHAI V.

RESPONDENT: KOLI BHURABHAI VAJABHAI & ORS

DATE OF JUDGMENT: 14/02/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT O  R  D  E  R

CIVIL APPEAL NO.6069 OF 2001  

       In our view, this appeal is bound to succeed on a very short question.         The High Court by the impugned judgment and order dt.09.08.2000 rejected the  contention of the appellant on the ground that the said contention was not raised before the   courts below.  In our view, the question raised by the appellant was a pure question of law  which  ought to have been permitted by the High Court to be raised while deciding the appeal. That  being the position, we set aside the impugned order and remit the case back to the High Cour t for  disposal in accordance with law after permitting the parties to raise the question that was  raised  in the appeal and thereafter decide the appeal.  The appeal is allowed to the extend indicat ed  above.  There shall be no order as to costs.