RANA SHEO AMABAR SINGH Vs. NAND KISHORE AND ANROTHER

JUDGEMENT

(1.) THIS is a first appeal from an order of remand passed by the Civil Judge of Rae -Bareli, purporting to be one under Order 43 Rule 1(u) of the Code of Civil Procedure.

(2.) A suit was instituted by the applicant against the Defendants for the recovery of Rs. 541/4/6 on the allegation that Defendant No. 1, who was the Ziledar of the Plaintiff had collected certain sums from the Plaintiff's tenants but had not accounted for them to the Plaintiff. Defendant No. 2 was the father of Defendant No. 1 and it was alleged that he was a surety for Defendant No. 1 and as such his liability was co -extensive with that of Defendant No. 1.

(3.) THE Plaintiff than went in appeal to the District Judge and the appeal ultimately came up for hearing before the Civil Judge. The Civil Judge considered the evidence produced on behalf of the parties and ultimately passed an order that as no expert had been produced in this case the decree passed by the trial Court be set aside and the case remanded to trial Court with a direction to re -admit the case to its original number and to decide it afresh. He, however, made a further direction that the only evidence which could be produced in the trial Court after the remand, was, the evidence of an expert to be produced by the Plaintiff, and if the Plaintiff failed to produce, the evidence the suit should be dismissed.