IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA FAO No. 215 of 2011 Date of Decision 22nd December, 2011 ________________________________________________________ Smt. Kanauri, d/o Bhadar Singh, resident of village Bhadyal, Tehsil Sadar, District Mandi H.P. ….Appellant Versus Tara Chand, son of Shri Dodu Ram, (Dadu), resident of village Bhadyal, Tehsil Sadar, Distt. Mandi H.P. ….Respondent. First appeal under Order 43 Rule (1) (U) of the Code of Civil Procedure. ________________________________________________________ Coram The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 ________________________________________________________ For the Appellant: Mr. G.R. Palsara, Advocate. For the Respondent: Mr. Rajesh Kumar, Advocate. __________________________________________________________________ Dev Darshan Sud, J.(oral) This appeal is directed against the judgment dated 31.3.2011 passed by the learned Appellate Court setting aside the judgment and decree of the learned trial Court and calling upon it to grant an opportunity to the plaintiff to lead evidence in rebuttal. 2. It is urged that the learned Appellate Court has erred in not granting an opportunity to the plaintiff despite the fact 1 Whether Reporters of Local Papers may be allowed to see the judgment? 2 that evidence of the plaintiff in rebuttal was closed in affirmative. Learned counsel submits that there was no fact/circumstance on record to warrant the exercise of power for closing the evidence of the plaintiff by the learned trial Court and that it has acted hastily in passing the impugned order. 3. From the facts on record, I do not find any legitimate reason as to why the evidence of the plaintiff to lead evidence in rebuttal has been closed. It is also settled proposition that wholesale remand should not be resorted to unless the facts so warrant and unless it becomes solely imperative to do so. In the present case, I do not find the existence of such facts and situation. 4. In the facts and circumstances of the present case, the ends of justice will be served in case a direction is issued that the appeal is resorted to its original number on record of the learned Additional District Judge, Mandi. I also direct that the learned Appellate Court shall either record the evidence in rebuttal by itself or direct the learned trial Court to do so and in this situation, to complete the record and to proceed with the case further in accordance with law. This appeal is accordingly disposed of. The learned Appellate Court shall give notice to both the parties and then proceed further with the case. Record, so received, be sent back immediately. Appeal stands disposed of. December 22, 2011 (Dev Darshan Sud), ms Judge