GANESAMOORTHY Vs. M.ANBAZHAGAN

JUDGEMENT

(1.) Since no adverse orders have been passed by this Court, the matter is taken up at the admission stage itself, without issuing any notice to the respondents.

(2.) The Appellants herein are the defendants 1 to 3 in the suit in O.S.No.105 of 2010 on the file of the Subordinate Court, Panruti. The defendants 1 to 3 filed the present Civil Miscellaneous Appeal against the judgment and decree dated 09.02.2019 passed in A.S.No.45 of 2014 on the file of the First Additional District and Sessions Court, Cuddalore, who has remanded the matter to the Trial Court, for deciding the issue afresh on various grounds.

(3.) The learned counsel for the appellants/defendants 1 to 3 submitted that the Appellate Court ought not to have remanded back the appeal to the Trial Court afresh, as it is against the facts and law. The Appellate Court would have allowed the plaintiffs/respondents to let in evidence before it, since the Appellate Court is having powers to decide the said issue and examine the witnesses. He has further contended that the appeal is continuation of original proceedings under Order 41 Rule 23, 23-A and 25 and it will not be an impediment for the Appellate Court to take further evidence. However, the Appellate Court remanded back the matter, which is bad in law. The Appellate Court had remanded back the matter in a casual and routine manner and ought to have seen the benefit which the party accrued from the judgment of the Trial Court cannot be taken easily away by virtue of order of remand. It is further contended that number of judgments have shown that the matter cannot be remanded back to the Trial Court, instead, the Appellate Court ought to have taken the additional evidence on its own and exercise its discretion.