LAHIRI, J.:- The appeal and the connected Civil Revision are directed against the judgment and order dt. 6-9-1982 passed by the Assistant District Judge No. 1, Nowgong, Assam in Title Appeal No. 19 of 1978. By the impugned order the learned Judge-(I) permitted the appellants-defendants to produce additional evidence; (2) remanded the suit to the Court of the first instance for recording the evidence with a direction to dispose of the suit on the basis of the additional evidence, and (3) set aside the judgment and decree obtained by the plaintiff. In short, the learned judge allowed the defendants to produce additional evidence purporting to act under O.41, R.27(aa) of the Civil P. C, the Code for short. However, instead of recording the additional evidence himself learned Judge directed the Court of the first instance to take such evidence, and did not act u/o. 41, R.28 of the Code, without assigning any reason whatsoever. Learned Judge has set aside the hard earned judgment and decree obtained by the plaintiff and remained the suit purporting to act u/o. 41 R.23A of "the Code."

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