Sita Ram vs Prabhudayal - 2024 Supreme(Raj) 1347

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2024 Supreme(Raj) 1347

MADAN GOPAL VYAS
Sita Ram – Appellant
Versus
Prabhudayal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. RS Choudhary
For the Respondent: Mr. Nitin Trivedi

ORDER :

Madan Gopal Vyas, J.

The present civil misc. appeal under Order 43, Rule 1 CPC has been preferred by the plaintiffs-appellants against the judgment dated 01.11.2023 passed by learned Additional District Judge No.1, Rajgarh, District Churu (for short, 'learned appellate Court') in Appeal Decree No.5/2022, whereby the learned appellate Court, while allowing the appeal filed by the defendant-respondent No.1, set aside the judgment and decree dated 06.09.2022 passed by learned Civil Judge, Rajgarh, District Churu, (for short, 'learned trial Court') in Civil Original Suit No.33/2013, and remanded the matter back to learned trial Court to pass fresh judgment after taking the documents produced by the defendant-respondent No.1 on record and after hearing the rival parties to the extent of such documents.

2. Learned counsel appearing on behalf of appellants submits that the learned appellate Court has committed an error apparent on the face of record in remanding the matter back to learned trial Court. It is submitted that learned appellate Court was required to take on record the additional evidence produced by the defendant-respondent No.1 but the learned appellate Court has remande

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