VISHVA MITRA Vs. A.R. NIM

JUDGEMENT

(1.) CM No. 12653/2015 (exemption).

(2.) THIS appeal is directed against the order dated 26.02.2015 passed by the learned Single Judge in CS(OS) 748/2010. The case was listed for final arguments before the learned Single Judge. This case has a chequered history. The suit was initially filed in the year 1972, although it bears the number and year of 2010. That was because the Division Bench by virtue of its order dated 11.02.2010, while remanding the matter to the Single Judge, had directed that it be numbered contemporaneously. The entire controversy before us is with regard to the interpretation of paragraph 10 of the Division Bench's order dated 11.02.2010 passed in RFA (OS) 27/1980. The learned counsel for the appellant submits that the directions given by the Division Bench in paragraph 10 of the said order dated 11.02.2010 ought to be read in the context and in the backdrop of what is to be found in paragraphs 7 and 8 of the said order. It is for this reason that paragraph Nos. 7, 8 and 10 are extracted herein below: -

(3.) THE controversy which was raised before the learned Single Judge was whether the original judgment and decree dated 24.04.1980 in the said suit (earlier numbered as Suit No. 29/1972) continued to hold the field and as to whether the remand was only limited to the framing of additional issues and evidence being considered on those issues and conclusions being arrived on those issues alone. The learned counsel for the appellant/plaintiff submitted that the meaning and purport of the Division Bench's order dated 11.02.2010 was that the earlier judgment and decree was to remain intact and that the learned Single Judge was to only consider the additional evidence on the additional issues which were to be framed by the learned Single Judge. We may point out that the additional issues were framed by the learned Single Judge subsequently on 13.08.2010 and those additional issues are as under: -