TARA DEVI Vs. AWADH NARAIN

JUDGEMENT

(1.) The appellants-plaintiffs in the present First Appeal From Order challenge the Judgment and Order dated 16-2-2000 of the 1st. Additional District Judge Jaunpur passed in Civil Appeal No. 79 of 1998 remanding the case after setting aside trial court's Judgment dated 6-1-1984 whereby it (trial court) had decreed the suit for specific performance of contract.

(2.) The plaintiffs-appellants had filed a suit for specific performance of contract dated 13-2-1979 and had prayed before the Court to direct the respondents-defendants to execute the sale deed in pursuance to the aforesaid agreement, else the same may be executed by the Court itself. The suit was contested by the defendants and written statement was filed. The parties in support of their contentions/pleadings led evidence before the trial Court and after closure of evidence and upon giving full hearing to the parties, the suit was decreed. The defendants thereupon preferred the First Appeal (Civil Appeal No. 79 of 1998) before the District Judge which was ultimately decided vide impugned judgment by the court of 1st. Additional District Judge. The lower appellate Judge during the course of appeal had permitted certain additional documentary evidence filed on behalf of the defendants and on making overall consideration of the effect of the said new documents, the learned Additional District Judge gave a finding that certain aspect of the matter touching to the merit of the case, inasmuch as being vital to the contentions raised by the defendants, had not been properly considered by the trial Court. He also observed that since the appellate Court had accepted certain additional documentary evidence it was found just and proper to set aside the Judgment and decree of the trial Court and remand the case to that Court for recording fresh findings and for giving decision on all the issues after affording opportunity of leading evidence to the parties.

(3.) Aggrieved with the aforesaid direction of the appellate Court, remanding the case to the trial Court the plaintiffs have come up in this appeal.