C.M.LODHA, J. - (1.) THIS is a revision application by the plaintiff against the judgment of the Civil Judge, Balotra dated 1 -10 1971 by which the learned Judge set aside 'he judgment and decree by the Munsiff, Balotra dated 25 8 -1970 and remanded the case to the latter to give a fresh judgment after hearing arguments.
(2.) THE contention of the leraned Counsel for the petitioner is that the, learned Civil Judge bad no jurisdiction to remand the case and in any view of the matter he acted illegally and with material irregularity in the exercise of his jurisdiction in sending the case back to the trial court. In view of the short point involved in the case as to the jurisdiction of the first appellate court to remand the case, I do not consider it necessary to state in detail the facts giving rise to the suit. Suffice it to say that the defendant used to purchase goods from the plaintiff -firm from time to time and the plaintiff firm used to maintain a regular account of the goods sold by it and the amounts received from the defendant in lieu of the price of the goods. The plaintiff filed a suit for recovery of Rs. 1650/ - including interest against the defendant on the basis of the accounts maintained by it. The defendant resisted the plaintiff's claim and pleaded a set off as a result of which he claimed a decree for Rs. 895 41 paisa. The defendant's counter claim was dismissed as barred by time and thereafter the trial court proceeded to record the evidence and ultimately decreed the plaintiff's suit as prayed.
(3.) AGGRIEVED by the judgment and decree of the trial court the plaintiff filed appeal. It may be stated here, that he did not make any grievance in the appeal regarding the dismissal of his counter claim. After hearing arguments, the learned Civil Judge, as already stated above, sent the case back to the trial court, the reason being that certain rulings had been cited before him which may be considered by the trial court and a fresh decision be given after taking into consideration those rulings.;