MANIRAM Vs. BHERULAL

JUDGEMENT

(1.) THE appellant/defendant has directed this appeal against the judgment and decree dated 3rd August, 1996 rendered by the District Judge, Ratlam in Civil First Appeal No. 6A of 96 thereby setting aside the judgment and decree dated 22nd January, 1996 passed by III Civil Judge, Class -II, Ratlam in C.S. No. 240A of 92, and remanding the case for disposal of the aforesaid suit in terms of the directions given in the impugned judgment.

(2.) BRIEFLY stated the facts of the case are that respondent/plaintiff Bherulal filed a suit before the trial Court for declaration of his title, possession and permanent injunction with regard to half portion i.e. 6 -1/2 Bigha of the agricultural land bearing survey Number 248/4 (total area 2.280 hactare) of village Bhadwasa, against the appellant. The trial Court on consideration, dismissed the suit of the respondent/plaintiff Bherulal by toe judgment and decree dated 22nd January, 1996. Aggrieved, the respondent/plaintiff filed appeal before the District Judge, Ratlam registered as C.R.A. No. 6A of 96. On hearing the parties, the District Judge by the impugned judgment allowed the said appeal, set aside the judgment and decree of the trial Court and remanded the case for disposal of the suit in terms of the directions given in the impugned judgment. Aggrieved, the appellant has filed this appeal under the provisions of Order XLIII rule 1 of the Code of Civil Procedure against the judgment of the first appellate Court.

(3.) LEARNED counsel for the appellant invited my attention to amended plaint paragraphs 6A, 13A and 138 and contended that from the facts stated in the aforesaid paragraphs, the identity of the disputed agricultural land is well established and no further description for identifying the disputed land is at all necessary. The appellate Court has committed an error in remanding the case with the direction to amend the plaint for proper description and identification of the disputed land and giving opportunity to the defendant for amending his written statements and thereafter for disposal of the suit afresh.