DWIJENDRA MOHAN LAHIRI Vs. RAJENDRA NATH NATH

JUDGEMENT

(1.) THIS application under Section 115 of the Code of Civil Procedure is directed against an order of remand passed by the learned Assistant District Judge No. 1, Gauhati, while deciding an appeal against the decree earlier passed by the learned Munsiff.

(2.) IT is necessary to refer to the vagary of the litigation in this matter over a title suit filed as early as on 6th November, 1957 centering round a dispute with regard to six lessas of land with a thatched cowshed in Gauhati town. The learned Munsiff dismissed the suit on 5th June 1959. An appeal (T.A. 40/59) was filed before the Additional District Judge who set aside the decree of the trial Court on 7th June, 1960 and remanded the suit for disposal. The learned Munsiff this time decreed the suit on 5th December, 1961. An appeal (T.A. 15/62) was heard by the learned Subordinate Judge, who set aside the decree and remanded the suit on 1st September, 1964 for the second time for disposal in accordance with law by appointing a fresh survey commission for surveying of dag No. 2506 (measuring 4 Kathas 12 lessas) to ascertain if the suit land formed part of that dag and directed that further evidence could be adduced by the parties on matters relating to the Survey Commissioner's report. The learned Munsiff heard the suit and this time decreed on 30th January, 1969. An appeal (T.A. 45/69) was taken to the learned Assistant District Judge who, on 12th May, 1970, set aside the -decree of the learned Munsiff and third time remanded the suit "for disposal, in accordance with law after careful consideration of all the issues before him .by allowing the parties to adduce further evidence if they so desire." It is against this last remand order that this civil revision is directed.

(3.) THE learned Additional District Judge, while remanding the suit, held as under: