RAJAMANICKA MATHURAR Vs. DHARMARAJ

JUDGEMENT

(1.) - This appeal by special leave is directed against a judgment dated 13-12-1968 of a learned single Judge of the High Court of Madras. The facts shortly are as follows:-

(2.) The trial court decreed the suit. The Ist Appellate Court reversed the decree and dismissed the suit. In second appeal the High Court set aside the decree of the Appellate Court and remanded the case to it, with the following observations and directions:-

(3.) It is manifest that the High Court has not pointed out what relevant considerations were ignored and what irrelevant considerations were taken into account by the Ist Appellate Court. Nor did it specify "the proper perspective from which the lower Appellate Court was to reconsider the matter." Further, its remark that the Lower Appellate Court "seems to have been prepared to swallow the defence case wholesale, hook, line and sinker is too sweeping and may prejudice a free and fair reconsideration of the matter by the Ist Appellate Court after the remand. If we may say so with great respect, the Judgment of the High Court is vague and indefinite and does not deserve to be maintained.