HEERABAI Vs. BHERULAL

JUDGEMENT

(1.) Challenge in the present civil misc. appeal filed by the defendants/appellants (for short 'the defendants') under sec. 104 read with Order 43 Rule 1 (U) of the Code of Civil Procedure has been made to the Judgment dtd. 5/11/2004 passed by the Court of Addl. District Judge, Jhalawar (Raj.) [for short 'the appellate court'] whereby the appellate court while allowing the application filed by the plaintiff-respondent (for short 'the plaintiff) under Order 41 Rule 27 CPC has ordered for quashing and setting aside the Judgment dtd. 28/11/1997 passed by the Court of Civil Judge (Jr. Division) Khanpur (for short 'the trial court')and remanded the matter to the trial court.

(2.) Facts of the case in nutshell are that the plaintiff filed a civil suit against original defendant Ram Pratap for possession of house, shop and also for payment of Rs.10,800.00 for the use of the said shop and house and payment of Rs.300.00 p.m. from the date of filing of the suit till the date of eviction. Service of notice was effected upon the defendant. On the basis of pleadings of both the parties, trial court framed eight issues. The trial court vide its judgment dtd. 28/11/1997 dismissed the suit. The plaintiff aggrieved with the impugned judgment preferred an appeal before the appellate court. The appellate court while allowing the application filed by the plaintiff under Order 41 Rule 27 CPC has ordered for quashing and setting aside the Judgment dtd. 28/11/1997 passed by the trial court remanded the matter to the trial court with a direction to decide the matter afresh on the basis of additional evidence produced by the plaintiff with liberty to the defendants to produce evidence in rebuttal.

(3.) Aggrieved with the impugned judgment passed by the appellate court, defendants have preferred instant misc. appeal.