BISWA BIJOY DAS Vs. KALPANA DAS

JUDGEMENT

(1.) Both the appeals are taken up together for disposal taking into account that both the appeal arises out of an order dtd. 18/5/2013 passed in Title Appeal No.32/2011 whereby the learned First Appellate Court i.e. the Court of the learned Civil Judge, Dibrugarh had remanded the suit back to the learned Trial Court in exercise of powers under Order XLI Rule 23A of the Code of Civil Procedure, 1908 (for short "the Code") by formulating an additional issue.

(2.) The question therefore arises before this Court is as to whether the learned First Appellate Court has shirked its responsibility in deciding the appeal and the order so passed is contrary to the provisions of Order XLI Rule 24 of the Code.

(3.) I have heard Mrs. R. Devi, the learned counsel appearing on behalf Appellants in SAO No.6/2013 and Mr. S. P. Roy, the learned counsel appearing on behalf of the Appellants in SAO No.2/2014. The said counsels duly represents their respective Appellants who are the Respondents in those appeals.