ABDUL MATIN Vs. SAHAN UDDIN

JUDGEMENT

(1.) HEARD Mr. I. Alam, learned counsel for the appellants. Also heard Mr. B. K. Purkayastha, learned counsel for the respondents.

(2.) THIS appeal is directed against the judgment and decree dated 30.06.2004, passed by the learned Civil Judge (Senior Division) No. 1, Cachar, Silchar, in Title Appeal No. 56/02, remanding the case to the learned Trial Court under Order 41 Rule 25 CPC for fresh disposal with a direction to frame the following additional issue: "Whether the plaintiffs have right, title, interest and possession over the suit land described in Schedule -1, 2 and 3A of the plaint -

(3.) BY the said judgment dated 30.06.2004, while partly allowing the appeal, the impugned judgment and decree, dated 19.09.2002, passed by the learned Civil Judge, Junior Division No. 1, in Title Suit No. 21/1999 was set aside and the learned Trial Court was directed to dispose of the suit within a period of four months from the date of receipt of the records. The parties were also granted liberty and opportunity to adduce fresh evidence, if they so desired.