R.S.R.T.C. Vs. HARIDWARILAL SHARMA

JUDGEMENT

(1.) WITH the consent of the learned counsels for the parties, the appeal is decided finally at the admission stage.

(2.) THE present appeal has been filed by the appellants -defendants under Order XLIII Rule 1(u) of CPC challenging the order dated 22.4.13 passed by the Addl. District Judge No.3, Jaipur Metropolitan, Jaipur (hereinafter referred to as 'the appellate court') in Civil Regular Appeal No. 15/12, whereby the appellate court has allowed the appeal filed by the respondent -plaintiff by setting aside the judgment and decree dated 28.4.12 passed by the Addl. Civil Judge (JD) No.2, Jaipur Metropolitan, Jaipur (hereinafter referred to as 'the trial court') in Civil Suit No. 636/09 and remanded the case to the trial court for deciding afresh in the light of the observations made in the impugned order.

(3.) HOWEVER , the learned counsel Mr. M.C. Jain for the respondent has submitted that the impugned order passed by the appellate court being just and proper this court should not interfere with the same.