MULTANMAL BACHRAJ Vs. CHOUTHMAL OSWAL

JUDGEMENT

(1.) THIS is a revision application by the plaintiff against the judgment of the Civil Judge, Balotra dated 1-10 1971 by which the learned Judge set aside the judgment and decree by the Munsiff, Balotra dated 25-8-1970 and remanded the case to the latter to give a fresh judgment after hearing arguments.

(2.) THE contention of the learned counsel for the petitioner is that the learned Civil Judge had no jurisdiction to remand the case and in any view of the matter he acted illegally and with material irregularity in the exercise of his jurisdiction in sending the case back to the trial court.

(3.) IN the result, I allow this revision application, set aside the judgment by the learned Civil Judge, Balotra dated 1-10-1971 and send the case back to him with a direction to restore the appeal to its original number and decide it on merits. Costs of this revision will abide the result. .