RULDU SINGH Vs. KAILASH CHANDRA AND OTHERS

JUDGEMENT

(1.) In both these special appeals, filed by appellant Raldu Singh, the order dated 06.05.2008 passed by learned Single Judge in SBCWP No. 634/2005 is under challenge, whereby the learned Single Judge allowed the writ petition filed by respondent in the light of order passed in SBCWP No. 635/2005- Kailash Chandra v. Amar Singh and Ors. , while accepting the application filed by the petitioner under Order 41, Rule 27 CPC, remitted the case to the trial court (Debt Relief Court-cum-Civil Judge (Sr. Division), Sri Ganganagar) to decide the case after providing an opportunity of hearing to the applicant to produce Books of Accounts as admissible evidence and proceed further in accordance with law.

(2.) Admittedly, by the impugned order the learned Single Judge allowed the application filed by the appellant before the revisional court for taking certain documents on record and remitted the case to the trial court while exercising power under Article 227 of the Constitution of India.

(3.) Learned counsel for the appellant submits that respondent No. 1- Kailash Chandra, challenged the order dated 23.02.2004 whereby the revision petition filed by him against the order dated 19.08.2001 was dismissed thereby prayer for amendment and accepting application under Order 41, Rule 27 CPC was rejected, therefore, the instant special appeal is maintainable.