Ashis Kumar Chakraborty, J. - (1.) This is an application for review of the order dated May 13, 2016 passed by this Court in F.M.A. No. 558 of 2012. By the said order, this Court allowed the appeal filed by the present respondents and set aside the order dated September 15, 2011 passed by the learned Civil Judge (Senior Division), Ghatal in Title Appeal No. 3 of 2009 thereby, allowing the present petitioner, the plaintiffs appellants to amend their plaint filed in Title Suit No. 133 of 2000, setting aside the decree passed by the learned Civil Judge (Junior Division), Ghatal dismissing the suit and remanding the suit to the learned trial Judge.
(2.) One of the grounds on which the present respondents, as the appellants in the above appeal, assailed the aforementioned order dated September 15, 2011 was that the learned appellate Court below erred in law in sending back the suit on open remand without interfering with the decree passed by the learned trial Judge on merit, but solely on the ground of allowing the plaintiffs appellants to amend their plaint. The other ground urged by the present respondents in the above appeal before this Court was that in any event, the learned appellate Court below committed an error of law in allowing the plaintiffs, to amend their plaint by incorporating various reliefs which were ex-facie barred by the laws of limitation.
(3.) By the said order dated May 13, 2016 this Court upheld both the above grounds of challenge urged by the present respondents, the appellants in the above appeal and set aside the order dated September 15, 2011 passed by the learned first appellate Court below and sent back Title Appeal No. 3 of 2009 to the learned first appellate Court below for disposal on merit, on the basis of the materials on record and if necessary, by allowing the parties to adduce fresh evidence only with regard to the facts arisen subsequent to the decree passed by the learned trial Judge in the suit.;