AKIL AHMEDBHAI HIRANI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This civil revision application has been filed by the applicants - original plaintiffs challenging the impugned judgment and order dated 4th June 2019 passed in Regular Civil Appeal No.46 of 2017 (Old Regular Civil Appeal No.4 of 2013) passed by the learned Additional District Judge, Visavadar (hereinafter be referred to as "the Appellate Court) whereby the Appellate Court has, without entering into merits of the case, remanded the matter back to the Trial Court for framing and deciding the issue that "whether the delay is caused in filing the suit by the applicants or not?" with other directions.

(2.) Brief facts of the present case are that the rent suit filed by the present applicants against the respondents was partly allowed and as the rented premises was taken back by the defendants no decree regarding the possession was passed. However, the said suit was allowed against the respondent - Bank for paying arrears of rent as well as mesne profits thereof. Against that order, respondents herein - original defendants have preferred Regular Civil Appeal No.46 of 2017 (Old Regular Civil Appeal No.4 of 2013). The matter came to be remanded back by the Appellate Court by+ passing the impugned judgment and order dated 4th June 2019 inter alia observing that the issue of limitation is required to be decided and the same could be decided by the Appellate Court itself but considering the fact that if Appellate Court decides then one of the appeal stage would be lost to the defendants and, therefore, on that basis, the Appellate Court has remanded back the matter to the Trial Court for deciding the issue of limitation.

(3.) Heard Ms.Mariya Dalal, learned advocate for the applicants and Mr.D. K. Nakrani, learned advocate for the respondents. Perused the materials placed on record.