IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.362/2009 IN SECOND APPEAL NO.106/2008 [D] (Krishnarao s/o Harisao Nimje ..vs.. Smt. Indubai Yeshwant Bajirao ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 22nd JUNE, 2009 Heard Shri Paunikar, advocate for the appellant and Shri A.D. Sonak APP for respondent no.1. This is an application for speaking to minutes in respect of the order of this court dated 12.9.2008. The relevant order reads thus: “Therefore, this appeal is allowed. The judgment of the learned trial Judge and appellate Judge impugned in this appeal are hereby set aside. The matter is remanded back to the Civil Judge, senior Division, Nagpur, for fresh disposal according to law, after allowing the parties to amend their pleadings, if they desire, and allowing the parties to lead fresh evidence, if necessary.” It is informed that the learned trial Judge is in confusion as to whether fresh evidence of the parties is needed again since beginning, in accordance with the pleadings. It is clarified that it is not necessary to lead the evidence which is already adduced. It is further made clear that the parties may adduce evidence in the suit on the issues framed, which is not adduced earlier. It is also clarified that as new defendants are added, they would have right to cross examine the witnesses in the suit as they have not cross examined those witnesses earlier. Inform the trial court accordingly. Civil Application disposed of. JUDGE SMP