LRS OF LAXMI LAL Vs. NAGARPALIKA, GANGAPUR

JUDGEMENT

(1.) THIS appeal under Order XLIII, Rule 1(u) CPC has been preferred against the judgment and decree dated 19.5.2011 passed by the first appellate court, whereby while allowing the application under Order XLI, Rule 27 CPC, the Court has set aside the decree passed by the trial court and has remanded back the entire matter for deciding afresh. The brief facts of the case are that the plaintiffs-appellants filed a suit for injunction against the respondents-defendants with regard to a piece of land. The said suit was decreed by the trial court on 19.12.2007.

(2.) FEELING aggrieved, the defendants filed regular first appeal under Section 96 CPC before the appellate court and during the pendency of the said appeal, two applications were filed by the defendants under Order XLI, Rule 27 CPC for placing on record further documentary evidence. When the appeal was heard by the first appellate court, the appellate court considered both the applications and came to the conclusion that the applications deserve to be allowed and allowed the same. After allowing the said applications under Order XLI, Rule 27 CPC, the court passed the following order:- ...[VERNACULAR TEXT OMMITED]...

(3.) THE legal position regarding the consequence of accepting an application under Order XLI, Rule 27 CPC has been considered by this Court in the case of Lal Singh Vs. Magan Singh (SBCMA No.532/2009) decided on 15.2.2013 and after considering the judgments of this Court as well as Hon'ble Supreme Court, it has been held as under:-