1980 INSC 0315
                                                    Ramji Bhagala

                                                           Vs

                                     Krishnarao Karirao Bagra and Another

                                          Civil Appeal No. 1718 of 1980

                                          (P. N. Bhagwati, A. P. Sen. JJ)

                                                      11.08.1980

                                                        ORDER

1. We find from the judgment dated October 5, 1979 given by S. K. Desai, J. that he has
admitted the appeal insofar as prayer a (i), a (ii) and (c) are concerned and rejected the appeal so far
as prayer (b) and the enquiry for mesne profits are concerned. The learned Judge seems to have
proceeded on the assumption that there has been a recent amendment in the Code of Civil Procedure
under which he could admit the appeal as to a part and reject it as to the other. We do not find any
such amendment in the Code nor has any such amendment been brought to our notice by the learned
counsel appearing on behalf of the parties. Our attention is drawn by Mr. Bhandare, learned
Advocate appearing on behalf of the respondents, to the fact that there was a proposal to introduce
Clause 12-A in Order 41 providing for admission of appeal as to a part but that Clause does not
seem to have found its way into the statute. We would, therefore, set aside the order passed by the
Division Bench affirming the order of Mr. Justice S. K. Desai as also the order of Mr. Justice S. K.
Desai and remand the appeal to the High Court so that the High Court may consider whether the
appeal should be admitted wholly. There will be no order as to costs of the present appeal.

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