LAXMI NARAIN Vs. JAIRAM

JUDGEMENT

(1.) THIS second appeal has been filed against an appellate order of the Additional Commissioner, Jaipur, dated 9. 4. 1954 sending aside the decree of the trial court in a suit for recovery of possession and remanding the same for further enquiry.

(2.) WE have heard the parties and have examined the record as well. The learned counsel appearing for the appellant has argued before us that the further enquiry directed by the lower appellate court is un-called-for in the case as adequate material already exists on record that could have enable the court to adjudicate. WE have gave through the judgment of the learned Additional Commissioner and find that he has examined carefully every item of the evidence led by the parties and apparently could not decide as to which set should have been believed in preference to other. To use his own words he was of the opinion that "a local investigation made by the lower court can possibly bring to light true facts. The present material on the record of the lower court is not free from doubt and the decision based on that material does not inspire confidence, I, therefore, think that the decision be set aside and the case be remanded to the lower court with the direction that it make a local investigation on the spot and try to ascertain whether in fact the respondent has been cultivating the land in dispute. " As laid down in order 18, rule 18 C P. C. the court may at any stage of a suit inspect any property or thing concerning which any question may arise. The object of this provision, however is to enable the court to appreciate properly the questions that have been raised in the trial court whereby the evidence led in the case may be followed and applied. A judgment should not be based solely on the basis of such personal local inspection (A. I. R. 3945 Bombay 302 ). A local inspection cannot be used to decide whether the plaintiffs' evidence or the defendants evidence is true or whether a particular witness is worthy of credit or not. WE would, therefore, allow this appeal, set aside the order of the lower appellate court and remand the case back to it with the direction that the appeal filed before it be heard and disposed of in accordance with the law on-merits. .