JUDGMENT :

ANIL KSHETARPAL, J.

1. On 02.12.2023, this Court has passed the following order:

“The learned counsel representing the appellant inter-alia contends that the First Appellate Court has erred in remanding the case back to the trial Court only on the ground that an application for additional evidence has been allowed.

Notice of motion for 13.12.2023.

The appellant shall have liberty to serve the respondents through their counsel in the trial Court.

Dasti only.

To be listed in the urgent list.”

2. The learned counsel representing the parties have been heard at length and with their able assistance, perused the paper-book.

3. From the reading of the order passed by the First Appellate Court, it is evident that the Court has found that in Para Nos. 23 and 24 of the trial Court judgment, the onus was wrongly shifted on the defendants and the First Appellate Court allowed the application under Order XLI Rule 27 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’). In fact, the scope of Order XLI Rule 23 and 23A CPC has been explained by the Supreme Court in P. Purushottam Reddy and Another vs. Pratap Steels Ltd. (2002) 2 SCC 686 in the following manner:

“10. The next qu