G. VENKATARAMANA Vs. P. SIDDAIAH AND ANOTHER

JUDGEMENT

(1.) The Petitioner is the first defendant in a suit filed by the first respondent for eviction of the former. The suit was decreed and the petitioner preferred an appeal against the said decree. During the pendency of the appeal, the petitioner asked for remand of the suit to the trial Court or in the alternative, requested the appellate Court to call for a finding from the lower Court. The petitioner filed certain documents as additional evidence and additional issues were framed by the appellate Court. The appellate Court by its order dated 21-12-90, while observing that the suit was of the year 1981, preferred to record additional evidence by itself and to decide the appeal on merits.

(2.) The petitioner filed I. A. No. 227/90 before the appellate court under Order 41 Rule 23 read with Rules 25, 27 and 33 and section 151 of Civil P.C. and prayed that the suit should be remanded to the lower court for recording evidence on the additional issues. The said petition was dismissed by the appellate court as unnecessary, in view of the order passed by the appellate Court on 21-2-90.

(3.) The learned counsel for the petitioner contended that the appellate Court ought to have remanded the suit to the trial Court or in the alternative, should have recorded additional evidence by itself and sent the evidence to the trial Court for a decision on merits. He argued that, by virtue of the order of the appellate Court, the petitioner lost a right of first appeal and second appeal to this Court, and hence the order of the learned Judge be set aside.