S MARIAMMAL Vs. KRISHNAMURTHY

JUDGEMENT

(1.) (Civil Miscellaneous Appeal filed under Order 43 Rule 1 C.P.C. against the judgment and decree dated 03.11.2004 in A.S.No.53 of 2004 on the file of Principal Subordinate Judge, Nagapattinam, set aside and remand the judgment and decree dated 24.02.2004 in O.S.No.43 of 2001 on the file of the District Munsif Court, Nagapattinam.) This appeal is preferred against the judgment and decree dated 03.11.2004 in A.S.No.53 of 2004 on the file of Principal Subordinate Judge, Nagapattinam.

(2.) BRIEF facts leading to the appeal are as follows:

(3.) IN support of her contentions, learned Counsel for the appellant cited the following decisions : (i) P. Purushottam Reddy and another vs. M/s. Pratap Steels Ltd. (AIR 2002 SC 771) (ii) Jayaraman vs. Kumaran and others (2002 (3) L.W. 743) (iii) Subbiah Konar and others vs. State of Tamilnadu through District Collector, Tirunelveli and another (2003 (3) MLJ 524) (iv) S. Shanmugam vs. S. Sundaram and others (2005 (3) L.W. 366) She submitted that the provisions under Order 41 Rules 23 to 29 C.P.C. do not inhibit the appellate Court from seeking further evidence or appointing an Advocate Commissioner, if necessary and there is no necessity to remand the matter back to the Lower Court, for that purpose.