PARVATI BAI Vs. HEERALAL

JUDGEMENT

(1.) This is an appeal under Order 43, Rule 1 (u) of the CPC by which the first appellate Court in exercise of jurisdiction under Order 41, Rule 23A of the CPC has made wholesale remand to the trial Court for permitting the parties to amend their pleadings and adduce further evidence and to decide the suit thereafter, in accordance with law.

(2.) This appeal was admitted for consideration on the following substantial question of law: -

(3.) The suit filed by the respondents/plaintiffs only for permanent injunction restraining the defendants from interfering with the suit land bearing Khasra No.335/6 was decreed by the trial Court by its judgment and decree dated 19-10-2012 against which the defendants preferred appeal before the first appellate Court. The first appellate Court by its impugned judgment and decree dated 19-9-2013 allowed the appeal and made wholesale remand to the trial Court.