A CHELMAYYA Vs. ALAKSHMI DEVAMMA

JUDGEMENT

(1.) This is an appeal against an order of remand by the Subordinate-Judge of Kistna. The objection taken before us to it is that the order of remand was incompetent and that it should be set aside. What happened was the Munsiff tried the whole of the suit recording evidence on all the issues framed in the case. There were altogether eleven issues, ten issues orginally framed and one additional issue. He gave findings on all the issues except the eleventh issue, namely, the additional issue. But in doing so he gave reasons and discussed the evidence only as regards issues 2,4 and 10 but as regards issues 5 to 9 he merely recorded: I find the issues for the plaintiff.

(2.) He has not given any reasons for thee conclusion that he came to in favour of the plaintiffs on those issues. On appeal, the Subordinate Judge treated the case as if it had been disposed of on a preliminary point, set aside the decree of the lower Court and all the findings which it had come to and remanded the case for fresh decision after a fresh trial.

(3.) We think that the order of the Subordinate Judge cannot be supported. In the first place, the order set aside the findings of the District Munsiff on questions of fact on the various issues for which he had given reasons without those reasons or the evidence on which they were based being, considered. We think that this was an improper procedure. In the second place, we do not think that the order of remand was proper order under Order 41, Rule 23.