MALAYANDI GOUNDAN Vs. BOMMAN POOSARI

JUDGEMENT

(1.) The procedure of the Subordinate Judge in remanding the whole suit for a re-trial after framing 4 additional issues, is a procedure not provided by the Civil P. C. and is furthermore one not conducive to the expeditious settlement of the disputes between the parties.

(2.) In a case like the present where the first Court has framed a number of issues, arising out of the points on which the parties joined issue in their pleadings and has decided every one of them in its judgment, it is not open to an Appellate Court to remand the case under Rule 23 of Order. XLI as though the suit had been decided on a preliminary point vide Sultan Beg v. Chunilal Maturam 46 Ind. Cas. 922. Granting that the appeal ,could not well be disposed of in the manner provided by Order XLI Rule. 24, owing to the question of the 6 defendant's hereditary power's not having been considered at the trial, the proper course-for the Appellate Court was to frame the essential issues and to call upon the District Munsif to return findings on them, after allowing each side to adduce additional evidence.

(3.) We set aside the order of remand and direct that the case be remitted to the Subordinate Court in order that the appeal may be further dealt with and disposed of according to law.