SAUDAMINI DAS Vs. PURUSOTTAM PANY

JUDGEMENT

(1.) This is an Appeal under Order 43 Rule 1(U) of C.P.C. involving an order of remand by the lower appellate court arising out of R.F.A. No.2/2011 on the file of Civil Judge (Sr.Divn.), Kamakhyanagar. Plaintiffs, the contesting respondent nos.1 to 5 in the court below are the appellants in the present Appeal. Defendant no.1(a), the appellant in the court below is the contesting respondent no.1. The other respondents are proforma.

(2.) For the involvement of questions of law as to whether in view of interference of the lower appellate court in one of the findings of the lower court while not interfering in the findings in respect of other issues even by the trial court, if the lower appellate court was justified in remanding the Appeal of the trial court for fresh trial on all issues ? and if the remand order is in terms of Order 41 C.P.C. ?, this Court finds, there is no necessity of discussion on the facts involving the case except taking decision on the legal point and taking note of little facts whatever necessary for disposal of the issue at hand. Hence this Court proceeds as follows :-

(3.) Trial court involving the pleading of the parties framed the following issues :-