NAGARATHNAMMA Vs. C D ERAMALLAIHA

JUDGEMENT

(1.) DEFENDANTS in O.S.No.56/90 have preferred this second appeal against divergent findings. While the trial Court dismissed the suit for declaration and permanent injunction, the lower appellate Court set aside the judgment and decree and allowed the suit.

(2.) I .A.No.I/14 under Order 41 Rule 27 filed by the appellant was allowed by order dated 13.3.2014 and it reads thus: -

(3.) ON the same day, the following order was also passed, and it reads thus: - "In the light of the fact that the Lower Appellate Court is the last Court for recording findings on facts and that on allowing I.A.No.1/2014, additional evidence is taken on record and keeping in mind the limited jurisdiction under Section 100 of the CPC, in a Regular Second Appeal, this appeal deserves to be allowed, the judgment and decree of the Lower Appellate Court requires to be set aside and proceeding remitted for consideration afresh, by taking into consideration the additional evidence, after extending reasonable opportunity of hearing to the parties and thereafter, to pass a judgment and decree.