LAXMAN PRASAD Vs. GANGA PRASAD & OTHERS

JUDGEMENT

(1.) The present appeal has been filed under Order 43 Rule 1(r) of Code of Civil Procedure by the appellant-plaintiff against the order dated 24.2.10 passed by the Addl. District & Sessions Judge (Fast Track) No.1, Karauli (hereinafter referred to as 'the appellate court')in Civil Regular Appeal No. 308/07 whereby the appellate court while setting aside the judgment and decree dated 1.8.05 passed by the Civil Judge (Sr. Div.) Karauli in Civil Suit No. 125/02, remanded the case to the trial court for deciding the suit afresh in the light of the additional evidence produced in the appeal.

(2.) The only contention raised by the learned counsel for the appellant is that the appellate court should not have allowed the additional evidence to be produced and remanded the case to the trial court.

(3.) There is no substance in the said submission made by the learned counsel for the appellant, inasmuch as the said additional evidence was sought to be produced by the respondents in the cross appeal filed by them and the said evidence was permitted to be taken on record by the appellate court as the said additional evidence was found to be significant by the appellate court for deciding the dispute between the parties. Under the circumstances, the appellate court has rightly remanded the case to the trial court for deciding the suit afresh in the light of the said additional evidence. There being no infirmity in the said order passed by the appellate court, the appeal deserves to be dismissed and is accordingly dismissed. Appeal Dismissed.