MOHAN Vs. PARVATI

JUDGEMENT

(1.) This appeal under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 is challenging the legality and sustainability of the order of wholesole remand of the case by the learned First Appellate Court for passing a judgment and decree afresh after hearing both the sides.

(2.) The appeal is filed mainly on the ground along with others that in the facts of the case wholesole remand made by the learned First Appellate Court is erroneous. Filing of this instant miscellaneous appeal against the judgment and decree passed by learned First Appellate Court is akin to the second appeal before this Court, however, substantial question of law is not framed.

(3.) Upon hearing learned counsel for both the sides, following substantial question of law arises for consideration in this appeal:-