AMARCHAND @ RAGHUNATHDAS JI Vs. SALAGRAM

JUDGEMENT

(1.) This appeal under Order 43 Rule 1 CPC has been preferred claiming the following reliefs: ...[VARNACULAR TEXT UMITTED]...

(2.) Brief facts of this case, as noticed by this Court, are that the appellant/plaintiff filed a suit seeking compensation against the respondents, the same was decreed by the learned trial court on 01.09.1997. The respondent filed an appeal before the District and Sessions Judge, Jodhpur. However, the said appeal was transferred to the Court of learned Additional District and Sessions Judge No.3, Jodhpur. During pendency of the appeal, an application was filed by both the parties under Order 41 Rule 27 CPC to take a particular decision, which was relevant, on record before deciding the said appeal. The decision to be taken on record was dated 17.05.1999.

(3.) The learned appellate court, while taking the aforementioned decision on record, remanded the matter back to the learned trial court to consider the said document dated 17.05.1999 on record, before arriving at a final conclusion.