CHAMAPARAMB Vs. KUYYANDATHIL KANNAN

JUDGEMENT

(1.) Petitioner is the second respondent in I.A.678/2002 and I.A.72/2003 in A.S.73/1999 on the file of the Additional District Court, Vadakara. It is submitted that I.A.678/2002 was an application under Order XLI, Rule 27 Civil Procedure Code seeking leave to have additional evidence admitted in the appeal and I.A.72/2003 is a petition for leave to amend the plaint. The grievance of the petitioner is that by Ext.P6 common order passed on I.A.678/2002 and I.A.72/2003 in A.S.73/1999 the Additional District Judge, Vadakara has remanded the matter to the court below setting aside the judgment under appeal but that he is unable to challenge the remand order as the appeal is not disposed of though however the fact remains that the appeal is no longer on the file of the Additional District Court, Vadakara, the same having been allowed and remanded. Ext.P6 common order on I.A.678/2002 and I.A.72/2003 as also the endorsement of Ext.P7 copy application speaks eloquently that A.S.73/1999 has been allowed by the Additional District Judge, Vadakara but that there is no judgment in the appeal.

(2.) I have heard the arguments of counsel on both sides. The grievance of the petitioner is that in view of the manner in which the appeal has been remanded he is unable to assail the remand order. The counsel for the 2nd respondent also supports the stand taken by the petitioner. The counsel for the first respondent is unable to support the impugned order remanding the appeal by Ext.P6 order which is a common order on I.A.678/2002 and I.A.72/2003.

(3.) In the circumstances, I set aside Ext.P6 order and restore A.S.73/1999 to the file of the Additional District, Court, Vadakara and restore I.A.678/2002 and I.A.72/2003. The Additional District Judge shall dispose of the matter afresh according to law. It is made clear that Ext.P6 order is set aside for the sole purpose of enabling the court below to pass appropriate orders on the two I.As. and if he feels that the remand is necessary in view of the orders on I.As.673/02 and 72/2003 to pass separate order of remand in the appeal.