(1.) IT is rightly contended by Shri Shrivastava that the application which was filed under Order 6, Rule 17 CPC for amending the written statement was not allowed with the objection of pleading a new case. It merely sought to buttress and clarify the plea earlier taken that the plaintiff had no right, title and interest in the suit land. But legal plea was set up only in that regard denying her title on the ground that her husband became denuded of the title on the Zamindari system being abolished. It is also contended that application was filed under Order 41, Rule 27 CPC and with that certain Khasras were filed. Therefore, there was sufficient material for the lower appellate Court to allow the application for amending the written statement and also for taking on record the additional evidence which comprised merely of public documents and nothing else. However, where the lower Appellate Court erred is to betaken note of because there was no necessity of remand in the contention which Shri Chaturvedi has agitated. Lower Appellate Court could and had to decide the appeal itself instead of making a second remand. Even in the appeal additional evidence is received under Order 41, Rule 27 CPC which contemplates that evidence can be and has to be allowed in appeal itself for disposing of the appeal on merits because the lower Appellate Court is final Court of facts. Shri Chaturvedi rightly contended that it cannot shirk its own duty and make mechanically remand to prolong the travail of litigants requiring them to shuttle back and forth.
(2.) FOR all the aforesaid reasons, this appeal is allowed. The order of remand is set aside. The lower Appellate Court shall allow an opportunity to the plaintiff appellant to adduce rebuttal evidence in respect of Khasra entries already taken on record. If the plaintiff -appellant has any grievance that he had not been allowed to make consequential amendment to meet the case setup in the written statement, that may be considered and also decided. In regard to the amended pleadings, therefore, it shall be open to the parties to adduce additional evidence ~yond the Khasras if so advised. Within three months a fresh decision shall be rendered disposing of the appeal finally on merits in terms of the observations herein made.