SUBHASH BHALLA Vs. JAI DEVI

JUDGEMENT

(1.) THIS appeal is preferred from an order dated 15th october, 2007 passed by the First Appellate Court under Rule 23 and/or 23-A of order XL1 of the Code of Civil Procedure, 1908 remanding the case to the Trial court for the purpose of hearing afresh. Order XLI, Rules 23 and 23-A are quoted herein below :-

(2.) THE contention of the defendants-appellants is that the appeal shall lie before this Court on such order as per Order XLIII, Rule I (u) which says; (u) an order under Rule 23 [or Rule 23-A] or Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court;

(3.) AFTER satisfying the Court's jurisdiction, Mr. Amit Daga, learned counsel in support of the appeal contended that the First Appellate Court was wrong in remanding the suit. The plaint was based on three several documents which are compulsorily registrable under U. P. Amendment of the section 17 of the Registration Act. Since those documents are not registered, nothing is required to be proved as per section 58 of the Indian Evidence Act, 1872 in the trial Court. Hence, the plaint was rightly rejected by the Trial Court, which failed to appreciate by the Appellate Court at the time of passing the order of remand.