MANOJ CHAUDHARY Vs. KAILASH

JUDGEMENT

(1.) The appellant/defendant has filed the present appeal under Order 43 Rule 1(U) of C.P.C. against the judgment dated 23.2.2019 passed by 4th Additional District Judge, Indore, whereby the judgment and decree dated 20.6.2014 passed in Civil Suit No.49-A/2014 by 24th Civil Judge, Class-I, Indore has been set aside and the suit has been remanded back under the provisions of Order 41 Rule 27 of C.P.C.

(2.) Facts of the case, in short, are as under :

(3.) Shri M.A. Bohra, learned counsel appearing for appellant/defendant, submits that the learned Addl. District Judge has committed an error of law while remanding the case. On the basis of documentary evidence available on record, he ought to have decided the appeal on merit itself. The plaintiff is not required to prove the Notification issued by the Municipal Corporation under the Act of 1976 which is admissible in law and for this purpose, learned Addl. District Judge has wrongly remanded the case to the trial Court. In support of his contentions, he has placed reliance over the judgment of this Court in the case of Esrar Ahmed V/s. Smt. Rukmani Bai : 2017 (I) MPWN 27.