SOBHARAM Vs. RAMPRASHAD

JUDGEMENT

(1.) THE lower appellate Court decided all the points in dispute except those which related to the amount due to the defendants as mortgagees., The judgment states: The pleadings and issues as to what should be the price of redemption are however left incomplete and defective and no proper adjudication can be given on it.

(2.) THE decree of the first Court was reversed and that Court was directed to take proper pleadings with regard to the sum due to the mortgagees. The plaintiffs in appeal to this Court attacked the findings of the lower appellate Court on the point in dispute.

(3.) THE appellants do not urge that the remand is improper and though I fully agree with Stanyon, A.J.C. that the power of remanding a case, when Order 41, Rule 23 does not apply, should be most sparingly used by the Court of first appeal, I see no reason to interfere with the procedure of the lower appellate Court.