DR. SMT. NEELAM NAYAK Vs. MAHENDRA KUMAR DHEER

JUDGEMENT

(1.) This appeal filed under Order 43 Rule 1(u) of the Code of Civil Procedure is directed against the order dated 23.3.2007 passed by the learned First Additional District Judge, Tikamgarh in RCA No.33-A/2006 whereby the said court remanded the matter back before the trial court with certain directions.

(2.) Learned counsel for the appellant contends that the respondent no.1/plaintiff filed a suit for specific performance. The trial court in Civil Suit No.113-A/1994 delivered its judgment on 27.10.2005 Annexure A-1. The trial court dismissed the suit for the reasons stated in the judgment. The plaintiff feeling aggrieved by the said judgment preferred the aforesaid regular appeal. In the regular appeal, the appellate court framed three issues and ultimately by impugned order remitted the matter back before the trial court with the direction to allow the application preferred by the plaintiff under Order 6 Rule 17 of the Code of Civil Procedure and the defendant be permitted to file consequential amendment. Thereafter, an additional issue may be framed. The application filed under Order 41 Rule 27 of the Code of Civil Procedure and application under Section 45 of the Evidence Act were also allowed. The trial court was directed to examine/verify the signature through a hand writing expert and thereafter the trial court was directed to reconsider and decide the matter afresh.

(3.) Shri Avinash Zerger, learned counsel for the appellant by taking this court to the judgment of the trial court submits that the trial court had framed certain issues. Paragraph 25 of the judgment is the answer of issue no.8. The trial court opined that the suit was not filed within the period of limitation.