R.C. Lahoti, J. -- 1. Judges must be beware of hard constructions and strained inferences; for there is no worse torture than torture of laws -- said Francis Bacon. Should the law be so interpreted and implemented as to let the litigation go into a circuitous and torturous path of journey or should it be so interpreted as to cut-short litigation keeping in view the purpose and object behind its enactment, is the question staring at the Court hearing this reference.

2. The Code of Civil Procedure (M.P. Amendment) Act, 1984 (Act No. 29 of 1984) introduced Rule 3-B in Order 1 and Rule 4-A in Order 6 in the body of the Code of Civil Procedure, 1908, as applied to the State Of Madhya Pradesh. Of late, it has come to the notice of this Court that the provision is being utilized by the appellate Courts as a tool for earning easy disposal of appeals by making orders of remand unmindful of the fact that a convenient resort to that provision has the result of setting at naught the concluded decrees of competent Courts, well merited otherwise, and thereby throwing down the litigants to retread the arduous path of tiresome litigation.

3. The facts in brief: The plaintiff/respondent No. 1 in