ROUTHU VENKATARATNAM Vs. MIRYALA VENKATA RAO

JUDGEMENT

(1.) This C.M.A., is filed against the judgment and decree, dated 16.09.1999, in A.S.No.69 of 1996, on the file of the District Judge, Vizianagaram. A.S.No.69 of 1996, in turn, arises out of O.S.No.591 of 1988, on the file of the Principal District Munsif, Vizianagaram. The sole plaintiff in the suit is the appellant.

(2.) The appellant filed the suit for recovery of a sum of Rs.12,000/-, on the strength of a pronote. The respondents filed a written statement, in a way, admitting the execution of the pronote. However, they pleaded that they have discharged the suit debt, and in fact, they have paid a sum of Rs.7,000/- in excess. They made a counter claim for that amount. Through its judgment, dated 21.03.1996, the trial Court decreed the suit. Aggrieved thereby, respondents filed A.S.No.69 of 1996. The lower appellate Court reversed the judgment and decree of the trial Court and remanded the matter for fresh disposal.

(3.) Smt.Padma, learned counsel for the appellant submits that the trial Court discussed each and every issue framed in the suit, with reference to the evidence on record and pleadings of the parties, and that there was no necessity for the appellate Court to remand the matter. She submits that the remand would provide the respondents, an opportunity to fill the gaps in the evidence or to come forward with fictitious documents to defeat the claim of the appellant.