RAMZAN Vs. ALLADIN

JUDGEMENT

(1.) This appeal by the defendant is directed against the Order dated Aug. 1, 1979, of the Civil Judge, Churu, by which the learned Civil Judge remitted the case to the Munsif, Churu, for de novo trial.

(2.) The only contention urged in this appeal is that while allowing the plaintiffs application filed under Order 41, Rule 27, C.P.C., the first Appellate Court should have followed the procedure of Rule 28 and should not have remitted the entire case for de novo trial to the Trial Court. Order 41, Rules 27 and 28 reads thus:-

(3.) Accordingly, the appeal is allowed. The order of the Civil Judge remitting the case to the Trial Court for de novo trial is set aside and the first Appellate Court is directed to follow the procedure of Order 41, Rule 28 in taking the additional evidence. Parties shall bear their own costs of appeal in this Court. Appeal allowed.