DWARIKA PRASAD AGRAWAL Vs. SATYANARAYAN

JUDGEMENT

(1.) THIS is defendant's miscellaneous appeal filed under Order 43 Rule 1(u) of the Code of Civil Procedure (for short "CPC") against the remand order dated 24.11.2010 passed by Additional District Judge, Rajandgaon in Civil Appeal No. 3 -A/2010. Brief facts of the case are: Respondent/plaintiff instituted a suit for declaration and permanent injunction.

(2.) THE trial Court dismissed the suit vide judgment and decree dated 14.07.2008.

(3.) THE First Appellate Court allowed the respondent's application filed under Order 41 Rule 27 of CPC and remanded back the matter to the trial Court after setting aside the judgment and decree passed by it with a direction to decide the suit afresh after giving opportunity to both the parties to lead evidence in support and rebuttal of the documents allowed by it in the appeal. Hence, this appeal.