SMT. SHOBHA WIDOW OF SURESH KUREKAR, AGED 48 YEARS, OCCUPATION Vs. SHRI MOHAN SON OF SURESH KUREKAR, AGED 25 YEARS, OCCUPATION

JUDGEMENT

(1.) Notice for final disposal of the appeal has been duly served on the respondent. However, there is no appearance on his behalf to contest the appeal.

(2.) The appellant has preferred the present appeal under provisions of Order-XLIII, Rule 1 (u) of the Code of Civil Procedure, 1908 [for short the Code] as she is aggrieved by the order passed by the appellate Court remanding the proceedings to the trial Court for fresh adjudication.

(3.) The appellant is the original plaintiff who has filed suit for declaration that registered Will-Deed dated 12th Sept., 2011 executed by her late husband was void and has prayed for its cancellation. In the said suit, the respondent did not file his Written Statement and hence the suit proceeded ex parte against him. The appellant led her evidence and by judgment dated 12th Nov., 2014, the said suit was decreed. The respondent, being aggrieved filed an appeal under Sec. 96 of the Code. The appellate Court was of the view that the respondent had sufficient reason for not appearing before the trial Court on the date of hearing and therefore, ex parte decree passed against him was liable to be set aside. On that premise, the judgment of the trial Court was set aside, the suit was remanded for giving an opportunity to the respondent to file his Written Statement and thereafter contest the suit on merits. Being aggrieved, the original plaintiff has filed the present Appeal from said order.