MOHAMMED SALABATH KHAN Vs. R SRINIVAS RAO

JUDGEMENT

(1.) Heard Sri P.V.Narayana Rao, learned counsel representing the appellant - plaintiff, Sri M.Madhava Reddy, and Sri C.Ramesh Sagar, learned counsel representing the respective respondents.

(2.) Ground-9 of the Second Appeal reads as hereunder :

(3.) The factual details need not detain this Court in disposing of the second appeal in view of the admitted fact that the appellate Court had disposed of the matter on merits, though the learned Advocate representing the appellant filed a memo stating that he had no instructions from the party. The learned senior counsel Sri P.V.Narayana Rao made an attempt to touch the merits and demerits of the matter. The learned counsel also had drawn the attention of this Court to the explanation to Order 41 Rule 17 (1) of the Code of Civil Procedure (for brevity, 'the Code'). The learned counsel would maintain that in such circumstances only the course left open to this Court is to remand the matter. Strong reliance was placed on a decision of the Supreme Court reported in ABDUR RAHMAN & ORS. v. ATHIFA BEGUM & ORS.