(1) SPECIAL leave granted. Heard both the sides.

(2) THE High court exercising its jurisdiction under S. 100 of the Code of Civil Procedure has set aside the judgment rendered by the learned Additional Subordinate Judge in a second appeal on the following reasoning : We have gone through the judgment under appeal more than once with the learned counsel and we find that a large number of relevant pieces of evidence have not been considered by the lower appellate court, which renders the findings of fact vulnerable under S. 100 of the Code of Civil Procedure. In fact, several of the observations by the appellate court are contradictory to each other. In the circumstances, we are of the view that the matter requires a reconsideration by the lower appellate court and the cases, therefore, should be remitted for that purpose. In our opinion the findings recorded by the learned Additional Subordinate Judge could not have been set aside and the matter could not have been remanded virtually for writing a fresh judgment without causing prejudice to the party in whose favour the findings were recorded. If the findings arc vulnerable, it is open to the High court in the course