Arun Bhansali, J. - (1.) HEARD learned counsel for the parties. This appeal under Order XLIII, Rule 1(u) CPC has been filed aggrieved by the order dt. 31.03.2009 passed by the Additional District Judge, Abu Road, whereby, the first appellate Court has while allowing the application under Order XLI, Rule 27 CPC filed by both the parties, set aside the decree passed by the trial Court and the matter has been remanded back to the trial Court with a direction to take evidence and decide the matter afresh.
(2.) THE brief facts of the case are that the appellant filed a suit for declaration and permanent injunction against the respondent regarding suit land situated at village Goliya, Tehsil Abu Road. The suit was resisted by the respondent and a counter claim seeking declaration and permanent injunction was filed. The trial Court framed as many as six issues and, after parties led their oral as well as documentary evidence, decided the suit and passed the decree in favour of the appellant -plaintiff inter alia giving declaration regarding suit property being that of the ownership and possession of the appellant and the respondent was restrained from trespassing or interfering with the construction on the suit land and the counter claim filed by the respondent was rejected. Feeling aggrieved by the judgment and decree dt. 09.10.2006 passed by the trial Court, the respondent filed an appeal before the first appellate Court. During pendency of the said appeal, two applications came to be filed, one by appellant and another by respondent under Order XLI, Rule 27 CPC seeking to produce additional documentary evidence.
(3.) THE first appellate Court by the impugned order dt. 31.03.2009 allowed the application under Order XLI, Rule 27 CPC and thereafter went on to observe and decide the appeal as under: - ;