SITA RAM Vs. PRABHUDAYAL

JUDGEMENT

(1.) The present civil misc. appeal under Order 43, Rule 1 CPC has been preferred by the plaintiffs-appellants against the judgment dtd. 1/11/2023 passed by learned Additional District Judge No.1, Rajgarh, District Churu (for short, 'learned appellate Court') in Appeal Decree No.5/2022, whereby the learned appellate Court, while allowing the appeal filed by the defendant-respondent No.1, set aside the judgment and decree dtd. 6/9/2022 passed by learned Civil Judge, Rajgarh, District Churu, (for short, 'learned trial Court') in Civil Original Suit No.33/2013, and remanded the matter back to learned trial Court to pass fresh judgment after taking the documents produced by the defendant-respondent No.1 on record and after hearing the rival parties to the extent of such documents.

(2.) Learned counsel appearing on behalf of appellants submits that the learned appellate Court has committed an error apparent on the face of record in remanding the matter back to learned trial Court. It is submitted that learned appellate Court was required to take on record the additional evidence produced by the defendant-respondent No.1 but the learned appellate Court has remanded the matter back without framing the fresh issue or without making any observation upon the preliminary issues. It is further submitted that learned trial Court has decided all the issues after considering the evidence of both the parties as well as documents produced, therefore, there was no occasion for the appellate Court to remand the matter back to learned trial Court for deciding the same afresh.

(3.) Learned counsel appearing for the respondent opposed the prayer made by learned counsel for the appellants and submits that the learned appellate Court has rightly passed the order impugned and remanded the matter back to learned trial Court.