SHIVAKANT PRASAD, J. - (1.) This appeal is directed against the judgment dated 30.8.2013 passed by Civil Judge (Senior Division), 2nd Court, Asansol, Burdwan in Title Appeal No. 49/07 by reversing the judgment and decree dated 14.6.2006 remanding the Title Suit No. 92 of 2002 passed by Civil Judge (Junior Division), 2nd Court, Asansol, Burdwan.
(2.) On being aggrieved by the judgment impugned, appellant has preferred this appeal inter-alia, on the grounds that the Appellate Court below erred in law in remanding the suit for fresh adjudication although evidence on record reveals that admittedly the appellants chose not to adduce evidence before the trial Court inasmuch as the defendants/appellants extensively cross-examined PW 1 and refrained from the proceeding.
(3.) It is submitted on behalf of the appellants that inspite of several opportunity given to the defendants/respondents herein, they intentionally did not lead evidence to prove their case. As such, the learned Judge of the Appellate Court below erred in law in remanding the suit for fresh adjudication on the score of providing opportunity to lead evidence.;