DHUDHA AND OTHERS Vs. MADAN LAL AND OTHERS

JUDGEMENT

(1.) This Misc. Appeal has been filed against the order dated 18.12.2014, passed by District Judge No. 2, Alwar, whereby application filed by the plaintiff/respondents under Order 41, Rule 27 CPC, has been allowed and the order of the learned Court below has been set aside.

(2.) Learned counsel for the appellants has argued that without resorting to provision under Order 41, Rule 27 CPC, for addressing on its merit, the appellate court remanded the matter to the trial court for reconsideration of suit afresh on merits which is without jurisdiction. The appellate court, subsequent to the taking of additional evidence under Order 41, Rule 27/28 CPC on record, can exercise its power to remand the matter to the trial Court either by way of limited or general remand as may be warranted in the facts of the case. He has further argued that without adverting to the merits of the appeal, the judgment and decree of the trial Court passed on the appreciation of the evidence could not have been set aside. Reliance has been placed on the judgment of Kiran Kumari and Ors. v. Hanumant Singh and Ors., in S.B. Civil Misc. Appeal No. 2230/2010, decided on 3.2.2014 .

(3.) On the other hand, learned counsel for the respondents has argued that the order of the appellate Court does not cause any prejudice to the appellants. He has further argued that the appellate court has remanded the matter to be considered afresh by the trial Court after allowing the application under Order 41 Rules 27 CPC and the appellate court has rightly exercised its power.