JUDGMENT

This Civil Miscellaneous Appeal is preferred by the plaintiffs in O.S.No.18 of 2004, on the file of the District Munsif Court, Shencottah, against the judgment passed by the Appellate Court setting aside the trial Court judgment and decree, allowing the application to receive additional document and remanding back to the trial Court with direction to frame additional issue and try the suit afresh.

2. The suit for partition was allowed by the trial Court and preliminary decree was passed declaring the plaintiffs, Tmt.Radha and Tmt.Saraswathi, are entitled for 10/72 share each in the suit schedule properties. The said judgment and decree, dated 25.03.2004, came to be challenged by Muthiah Vathiyar, the first defendant.

3. Pending Appeal, the said Muthiah Vathiyar died. Hence, his legal representatives were brought on record and others, who subsequently derived interest in the suit schedule property were also arrayed as respondents.

4. Before adverting to the merits of the arguments submitted by the learned counsels, regarding the circumstances under which the Appellate Court exercised its power of remand under Order XLI Rules 23, 23A and 25 of C.P.C. and the law governing partit