Arun Tandon, J. - (1.) This matter was heard at length by me. After going through the order of the first appellate court, impugned in this second appeal, the Court finds that it has been recorded that the earlier order of remand passed in the first appeal by the Additional Civil Judge was legally not justified. Therefore, ignoring the order of remand and the direction issued therein, the first appeal has been decided afresh on merit.
(2.) This has led a very peculiar situation where a final judgment in a first appeal filed under Sec. of Code of Civil Procedure by the competent court at the relevant time has been held to be bad by a court exercising the same jurisdiction under Sec. Code of Civil Procedure
(3.) Facts in short giving rise to this second appeal are as follows: Original Suit No. 214 of 1981, the valuation whereof was Rs. 5000/ -, was decreed by the trial court at the relevant time i. e. Munsif on 04.03.1983. A first appeal under Sec. of the Code of Civil Procedure was filed before the District Judge, being Civil Appeal No. 352 of 1983. Under the work distribution order made by the District Judge, the appeal came to be heard by 5th Additional Civil Judge (Senior Division). The judgment and decree of the trial court was set aside and the matter was remanded to the trial court, for hearing of the suit afresh, vide judgment and order dated 07.10.1985. Against the order of remand a First Appeal From Order No. 15 of 1986, under Order 43 Rule 1(u) Code of Civil Procedure was filed before the Hon'ble High Court.;