KHAIRUNISSA Vs. ANWAR KHAN SAMDULLAH KHAN

JUDGEMENT

(1.) The writ jurisdiction of this Court is invoked against the Judgment and order dated 10th December, 1998 passed by the Bench of two learned Judges of the Small Causes Court, by which order the Appeal in question being Appeal No. 313 of 1998 filed by the Respondent herein i.e. the original defendant came to be allowed and the Decree passed by the Trial Court came to be set aside and the Suit came to be remanded to the Trial Court to be proceeded further from the stage of crossexamination.

(2.) The challenge in the above Petition is to remand of the Suit in question to the Trial Court made on the basis of the observations in Paragraph No. 32 and 33 of the impugned Judgment and order, wherein the Bench of two Judges of the Small Causes Court (Appellate Bench for short) held that the Defendant must be given an opportunity to meet his case at the trial stage. This was in the context of the fact that the Defendant's defences were struck of in the Suit in question.

(3.) The facts necessary to be cited for adjudication of the above Petition can be stated thus: