KALIJUGA N PRAT IHARI Vs. MAHANT SRI RAJAGOPAL

JUDGEMENT

(1.) This appeal is against an order of open remand passed by the learned 3rd Additional District Judge, Puri on 05.08.2014 in R.F.A. No.29 of 2011 which arises out of T.S. No.622/405 of 2001/1995 in the court of Civil Judge (Junior Division), Puri.

(2.) The Appellants herein are the plaintiffs and the Respondent is the defendant in the suit before the trial court.

(3.) The suit was decreed on contest declaring the plaintiffs' right, title and interest over the suit land and confirming their possession and permanently injuncting the defendant from interfering with the plaintiffs' possession. Being aggrieved, the defendant preferred First Appeal challenging the judgment and decree passed by the learned trial court. Along with the appeal memo the defendant made a prayer under Order-41, Rule-27, C.P.C. to admit some documents as additional evidence. Learned appellate court having heard the parties and making detail analysis as to how the application for additional evidence ought to be allowed passed the impugned order observing that rival claim of tile in the suit land advanced by the parties can be reasonably answered and the lis can be properly adjudicated on assessment of the evidence on record along with the additional evidence sought to be adduced by the defendant. It was further observed that an open remand was necessary for fresh disposal of the suit in accordance with law. With such observation, the learned appellate court set aside the judgment and decree passed by the trial S.A.O. No.14 of 2014 court and remanded the case for fresh disposal.