TIKAMDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ADMIT. Heard finally by consent of both the parties.

(2.) The Appellant herein has filed this appeal under Order XLIII Rule 1(u) of the Code of Civil Procedure to assail the judgment and decree dated 04.01.2018 passed by the learned District Judge-2, Achalpur in Regular Civil Suit No.67 of 2012. By the impugned judgment, learned District Judge set aside the decree passed by the Civil Judge, Senior Division in Special Civil Suit No.37 of 1994 and remanded the matter to the Trial Court with direction to decide the issue of limitation and to decide entire suit afresh by giving an opportunity to the parties to lead evidence, if they so desire.

(3.) For the sake of convenience, the Appellant herein shall be hereinafter referred to as 'the Plaintiff' and the Respondents shall be referred to as 'the Defendants'.