HOLY PENTECOSTAL MISSION Vs. TINA DANIL

JUDGEMENT

(1.) This appeal has been preferred by the "Holy Pentecostal Mission", Thiruvananthapuram and by its Pastor as appellants 1 and 2 against the judgment passed by the Sub Judge, Nedumangad in A.S.No.29/2015, as per which, the appeal preferred by the 1st respondent herein was allowed setting aside the decree obtained by the appellants and remanding the matter for fresh consideration to the trial court under Section 107 of the Code of Civil Procedure (CPC for short).

(2.) The appellants contend that the judgment impugned is untenable and egregiously contrary to the provisions of law and in particular Order XXXXI Rule 27 of the CPC, because the only reason stated in ordering remand, is that the 1 st respondent herein, who is the 1 st defendant in the Suit, had produced certain documents as additional evidence at the appellate stage, which were not produced or marked in evidence before the Trial Court.

(3.) The appellants, therefore, pray that the impugned judgment be set aside and the Appellate Court be directed to consider the appeal preferred by the 1st respondent herein on its merits rather than remanding the Suit to the Trial Court as has been done.