- (1.) The appellants have laid this misc. appeal against the impugned order dated 5 th December, 2007 passed by the learned District Judge, Jaisalmer (learned appellate Court), whereby the judgment and decree passed by the learned trial Court was reversed and set aside and the matter is remanded back to the learned trial court for its decision afresh. The original suit was filed by the respondent-plaintiffs for claiming the reliefs of perpetual injunction against the appellants. The learned trial Court dismissed the suit of the respondents.
(2.) Being disdained by the judgment and decree of the learned trial Court, the respondents preferred an appeal before the learned appellate Court. During the pendency of the appeal, an endeavour was made by the appellants for placing certain additional evidence on record at the appellate stage by taking shelter of Order 41 Rule 27 CPC.
(3.) The learned appellate Court, after considering the application, allowed the same and taken the additional documents on record. After taking the additional documents on record, the learned appellate Court thought it proper to remand back the matter to the learned trial Court for deciding it afresh in the light of additional documents submitted on behalf of the appellants.;