Smt. Sushila Alias Kokila And ... vs Smt. Raj Kumai And 3 Ors.
2016 Latest Caselaw 3103 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- SECOND APPEAL No. - 558 of 2016
 

 
Appellant :- Smt. Sushila Alias Kokila And Another
 
Respondent :- Smt. Raj Kumai And 3 Ors.
 
Counsel for Appellant :- Ashish Jaiswal
 

 
Hon'ble Pramod Kumar Srivastava,J.

Heard learned counsel for the appellants and perused the records.

Original suit was dismissed by the judgment dated 22.4.2015 of Additional Civil Judge (S.D.) Court No. 4, Kanpur Nagar. Against the said judgment, civil appeal no. 92 of 2015 was preferred which was allowed by the juddgment dated 27.4.2016 by Additional District Judge Court No. 7 Kanpur Nagar, by which juddgment of trial court was set aside and the matter was remanded to the trial court for summoning  some evidence and thereafter decision in accordance with law. Against this judgment, present memorandum of second appeal has been preferred.

After hearing the learned counsel for the appellant and discussing the legal position with him, it is found that impugned judgement dated 27.4.2016 of first appellate court  has been passed under Order XLI Rule 23-A CPC. The provision of appeal against such order is mentioned in order XLIII Rule 1(u) which provides that under this provision, appeal against Order XLI Rule 23 or Rule 23-A  remanding the case shall lie. Such appeals are under the jurisdiction of Court dealing with FAFO. Therefore, this memorandum of appeal is returned to the appellant with liberty to present it for hearing before the Court of competent jurisdiction, after necessary amendment, if any. After resubmission of  memorandum of appeal in time, it may be placed before appropriate Court as fresh on 31st May, 2016.

Order Date :- 27.5.2016

Sanjeev