High Court of Judicature at Allahabad
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Joju v. Aashuddin - SECOND APPEAL No. 750 of 2005  RD-AH 12163 (25 July 2006)
HON'BLE UMESHWAR PANDEY, J.
The affidavit filed from the side of the appellant by one Suresh Pal Advocate, who conducted the case before the lower appellate court states that several points of arguments which were relevant and legal also and enumerated in para 2 of the affidavit, have not been dealt with by the court below in its judgment,. If this is the state of affairs and the contention as raised by the counsel representing the appellant in the court below is correct, these points should again be agitated before that court only through a review petition. Instead of coming to this Court in second appeal it was necessary for the appellant to have approached that court only under Order 47 C.P.C. for review of the judgment. However, since the appeal has been filed and there are certain matters which had been argued before the lower appellate court and have not been dealt with by giving a specific decision thereon, they should not be justifiably made subject matter of this second appeal. Therefore, in such circumstances it would be just and proper that a review petition should be presented before the lower appellate court requesting for a decision on these points which may also result into the reversal of the present judgment of the first appellate court. Accordingly, this appeal is kept pending and the appellant is directed to approach the court below for the aforesaid relief without further delay.
This appeal be listed after the appellant informs the Court that the review petition so preferred by him has been finally disposed of.
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