GAMANBHAI PURUSHOTTAMBHAI PATEL Vs. JIVANBHAI PURUSHOTTAMBHAI PATEL

JUDGEMENT

(1.) Admit. Mr. R. N. Shah appears for opponents and waives service of admission. Printing is dispensed with. With the consent of learned Advocates appearing for the parties matter is finally heard and disposed of by this judgment.

(2.) This Second Appeal is preferred by original defendants being aggrieved by the judgment and decree passed by the Asst. Judge, Navsari, dated 30-9-1995 in Reg. Civil Appeal No. 140 of 1986 whereby he allowed the appeal of the appellantdefendants and quashed and set aside the judgment and decree passed by the trial Court in favour of respondent-plaintiffs and remanded the matter to the trial Court with direction to raise proper and legal issues after considering the pleadings and submissions of the rival parties. The learned Asst. Judge also directed the trial Court Judge to afford sufficient opportunity to lead oral as well as documentary evidence to the parties of the suit in support of their allegations and also directed that the parties were at liberty to lead fresh evidence on the issues. He also directed that the learned trial Judge shall decide the suit on merits after affording sufficient opportunity to the parties at the earliest.

(3.) Surprisingly, the successful parties, i.e., appellant-defendants have approached this Court despite their success in appeal as consecutively in this third matter decided by the very Asst. Judge, namely, Viral Y. Desai at Navsari. It is pointed out to this Court that he has found a novel way of disposing of the regular civil appeal by making absolutely sweeping and nebulous statements in his judgment as regards framing of issues, and as regards certain issues which in his opinion ought to have been framed and were not framed and ultimately by quashing and setting aside the entire judgment of the trial Court he is in the habit of remanding the suit to the trial Court for its retrial afresh after framing issues afresh, after recording oral as well as documentary evidence afresh and to decide the suit after providing sufficient opportunity to the parties.