S.B. CIVIL MISC. APPEAL NO.402/2009 Bherudan Vs. Nath Mal & Ors. Date of order : 11th March, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. D.D. Chitlangi for the appellant. Mr. J.K. Bhaiya for the respondents. ------- 1. Heard learned counsels. 2. This appeal is directed against the order of remand passed by the first appellate court on 13.1.2009 allowing the application of the respondent-defendants under Order 6 Rule 17 and also the application under Order 41 Rule 27 taking on record certain document. 3. The plaintiff is aggrieved by the said remand order and has challenged the same in the present appeal. 4. After hearing the learned counsels, this Court is of the opinion that no interference is called for in the impugned remand order, however, this appeal can be disposed of with request to the learned trial court to try the suit again after remand on the additional issues which may be framed in pursuance of remand order of the trial court and the application under Order 41 Rule 27 C.P.C. and such additional issues along with the suit itself may be decided again in pursuance of the remand order expeditiously preferably within a period of six months from today. Appeal is accordingly disposed of. [ DR. VINEET KOTHARI ], J. item No.59 babulal/