JUDGMENT :

Mr. Anil Kshetarpal, J.

The plaintiffs assail the correctness of First Appellate Court order remitting the matter back to the trial Court for fresh decision. The plaintiffs filed a suit for recovery of Rs.50,00,000/- as damages for unauthorized occupation of 222 sq. yards and as public road, In substance, the plaintiffs claim that the respondent-Municipal Corporation, Ludhiana, has encroached upon their plot measuring 222 sq. yards and constructed road. The defendant contested the suit. The parties were permitted to lead evidence after culling issues. By an elaborate judgment, the trial Court dismissed the suit. The plaintiffs filed the first appeal. ‘They also filed a an application under Order XLI Rule 27 of the Code of Civil Procedure, 1908 (in short ‘CPC’) in order to produce judgment Ex.PX in CA-37 dated 03.07.2013 The First Appellate Court allowed the application and while making an observation that there are certain errors in the trial Court judgment chose to remit the matter back to the trial Court for fresh decision.

2. The enabling power of the Appellate Court to remit the matter back to the lower Court is regulated by Order XLI Rule 23 and 23A of the Code of Civi