BALARAM DAS Vs. GANESH KARAN

JUDGEMENT

(1.) - Defendants have filed this Civil Revision against the judgment dated 18.9.1996 whereunder the appellate court has framed an issue and remitted the said issue to the trial court for disposal. Evidently, such an order of remand comes within the scope of Order 41, Rule 25, CPC. The sole question is whether the appellate court was justified in passing the said order. It is not necessary to recount in detail the cases of rival parties. On a perusal of the judgment of the appellate court it appears that after recounting the cases of both parties and noticing the findings of the trial court, the appellate court, in paragraphs 5 and 7 (it may be noted that there is no paragraph-6 in the judgment) has noticed the contentions of both sides. In paragraph 8 which contains the entire discussion of the appellate court is extracted hereunder

(2.) THE Civil Revision is accordingly allowed. THEre will be no order as to costs. THE parties through their counsels are directed to appear in the appellate court on 14th October, 1998, to receive further instruction in the matter so that the appellate court can fix an appropriate date for hearing thereafter. Revision allowed.