1996 (11) TMI 465

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..... on July 19, 1996 in Civil Revision NO. 4233/95. Respondent No. 1, elder brother of the petitioner filed the suit for declaration against the petitioner and three brothers that the decree dated May 4, 1990 was null and void which was decreed by the Subordinate Judge, Hoshiarpur on September 29, 1993. The petitioner has filed an appeal in the Court of the Additional District Judge, Hoshiarpur. Th .....

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..... tinue on record until the proceedings in the suit are duly terminated. The counsel, therefore, has power to make a statement on instructions from the party to withdraw the appeal. The question then is: whether the court is required to pass a reasoned order on merits against the decree appealed from the decision of the Court of the Subordinate Judge? Order XXIII, Rule 1(1) and (4) give power to the .....

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