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A. P. THAKER
Sugarabibi – Appellant
Versus
Vijay Vallabh Sarvajanik Hospital – Respondent
JUDGMENT :
1. Being aggrieved and dissatisfied with the judgment and order dated 12.5.2018 passed by learned 7th Additional District Judge, Vadodara passed in Regular Civil Appeal No. 89 of 2017 whereby the appellate Court has set-aside the judgment and decree passed by the trial Court in Regular Civil Suit No. 5020 of 2015 (Old Special Civil Suit No. 506/1992) and remanded the matter back to the trial Court for providing an opportunity to the defendant to file written statement and leading the evidence in support of the case, keeping liberty reserved to plaintiff to file further evidence before the trial Court, the original plaintiff has preferred this Appeal from Order.
2. The appellant is the original plaintiff and the respondent is the original defendant before the trial Court. The parties are referred to in this order as per the character assigned to them before the trial Court.
3. The brief facts of the case, as emerged out from the material, are as under:
The doctrine of res judicata prevents re-litigation of the same matter between the same parties, especially when no new evidence is presented that could not have been discovered with reasonable dilig....
Mandatory compliance with Order 41 Rule 31 of the CPC in deciding the first appeal.
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