VANLALMAWIA Vs. PAZAWNA

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned counsel for the applicant and Mr. Benjamin Lalthl-amuana, learned Government Advocate for the State respondent.

(2.) The appellant has challenged the Impugned Judgment and Order dt. 7/9/2023, on the ground that the First Appellate Court has failed to satisfy itself as to whether remand of the case is attracted under the facts and circumstances of the case either under Order XLI, Rule 23 CPC or Order XLI, Rule 23-A CPC.

(3.) The contention of the appellant herein, is that the First Appellate Court was erroneously of the view that the counter-claim preferred by the defendant Nos. 1 and 2/respondent No. 1 and 2 was not considered by the court of learned Civil Judge Senior-IV, Aizawl. Hence, it is prayed that the Judgment Order dtd. 7/9/2023 passed by the learned First Appellate Court/Ld. Additional District Judge-1, Aizawl in RFA No. 11 of 2021 may be set aside and quashed. And further, prays that the learned First Appellate Court may be directed to consider the RFA 11 of 2011 on merit.