ANISH FULARA Vs. DEVCHARAN

JUDGEMENT

(1.) This judgment shall also govern disposal of M.A. No. 31/2013, us the question of law involved in these appeals are one and the same. The substantial question of law which requires to be considered and decided in these appeals is whether the First Appellate Court is justified in directing wholesale remand in exercise of its power under Order 41 Rule 23-A of the Code of Civil Procedure, 1908 (hereinafter called as 'CPC') without reversing the decree passed by the trial Court and without holding that the retrial is necessary?

(2.) Questioning the legality and validity of judgment and decree dated 08.03.2013 passed in Civil Appeal No. 113-A/2012 (Devcharan v. Anish Fulara) and Civil Appeal No. 83-A/2012 (Devcharan v. Ghanshyam Agrawal & another) by the First Additional District Judge, Mahasamund, Chhattisgarh, the appellants/defendants have preferred these appeals under Order 43 Rule 1(u) of CPC.

(3.) By the impugned judgment and decree, the learned First Appellate Court allowed the appeal filed by the respondent/plaintiff; and while setting aside the judgment and decree of the trial Court dated 12.10.2009 passed by the Civil Judge Class-II, Saraipali in Civil Suit No. 6-A/2006, remanded the case to the trial Court for deciding the suit afresh on merits by giving following directions: