PATEL SHANABHAI GALABHAI Vs. PATEL CHATURBHAI LALLUBHAI

JUDGEMENT

(1.) MIABHOY J.

(2.) THIS revision application is directed against an order for remand made on 30th September 1957 by the learned Assistant Judge Nadiad in Civil Pal No. 261 of 1955. The only point which is raised by Mr. Shah in support of this application is that even assuming that the order of the learned Judge granting amendment of written-statement is correct the final order remanding the whole suit is bad and that the only proper order which can have been made by the learned appellate Judge is an order for raising ? additional issues and if necessary to call upon the trial Court to take additional evidence on those issues and to certify findings thereon to the appellate Court. In other words the objection is that the order disposing of the appeal and remanding the whole suit is bad and that the appeal should have been kept on the file of the learned Judge and findings on additional issues should have been got certified by the trial Court.