MOHD. SAHID AND OTHERS Vs. RAMJANO

JUDGEMENT

(1.) The matter comes up for consideration of stay. However, apart from the fact that while ordering record to be requisitioned vide order dated 19.2.2007, the matter was ordered to be listed for final disposal after receipt of the record.

(2.) By the impugned order, the learned lower Appellate Court has set aside the decree of the learned trial court, and has remanded the matter to the learned trial court with a direction to hear the matter again, and to decide according to law in view of the observation made in the judgment.

(3.) A perusal of the judgment shows that the observations made is that documents Ex. 1 and 2 are the2 certified copies of the judgments which have not been taken into account by the learned trial court though the documents have direct bearing on issue no. 1. Request was made to the learned lower Appellate Court by both the learned counsel that the Appellate Court itself should consider the documents Ex. 1 and 2, and decide the matter itself. Notwithstanding this the learned lower Appellate Court declined to consider the matter itself, and has remanded the matter.