RADHA KISHUN Vs. KASHI NATH

JUDGEMENT

(1.) This appeal arises out of a suit for closing of certain windows and other reliefs and has been directed against an order of remand.

(2.) It appears that when the case came before the Court for trial, the parties agreed that it should be decided according to the evidence of one Babu Anand Prasad. Babu Anand Prasad was accordingly examined as a referee with the consent of the parties and he made certain statements. The learned Munsif was of opinion that the evidence given by Babu Anand Prasad covered the whole controversy between the parties and would justify a disposal of all the issues raised. He accordingly partially decreed the suit and partially dismissed it. The parties appealed and both the appeals were disposed of by a single judgment of the learned Subordinate Judge. The learned Judge was of opinion that the statement of Babu Anand Prasad was not sufficient for the disposal of the case and he remanded the suit to the Court of first instance for disposal. He directed that the referee should be re-called and should be re-examined on all the matters that were left in darkness owing to the referee not being questioned. He farther said that if there ware any points on which the referee could not throw any light, those points must be decided on evidence adduced by the parties.

(3.) As there were two appeals before the Subordinate Judge, two appeals have been filed in this Court, But in this Court the appellants in both the cases are plaintiffs. It has bean argued before us that the statement of Babu Anand Prasad was enough for the disposal of the entire suit. It is not necessary for us to examine that statement in detail. It is sufficient to say that we agree with the Court below that further light was necessary on the controversy between the parties. That being so, the question is whether the referee could be called again and examined.