JUDGEMENT
Anil R. Dave, J. -
(1.) HEARD the learned Counsel for the parties.
(2.) LEAVE granted. Looking at the facts of the case, in our opinion, it would be just and appropriate to modify the impugned judgment delivered by the High Court to the effect that instead of remitting the matter to the trial court, it be sent to the First Appellate Court and evidence, if any, be led before the First Appellate Court.
(3.) THE appeal is disposed of as allowed with no order as to costs.;
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