2008 INSC 0435
                                    SUPREME COURT OF INDIA

                                              Koli Bhangabhai

                                                      Vs.

                                     Koli Bhurabhai Vajabhai & Ors.

                                           C.A.No.6069 of 2001

                             (Tarun Chatterjee and Harjit Singh Bedi,JJ.)

                                                 14.02.2008

                                                   ORDER

1. 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 Court 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 indicated above.
There shall be no order as to costs.

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