1 S.B.CIVIL MISC. APPEAL NO.2200/2009. Pushpa Bai. VS. Jagannath Prasad Verma & Anr. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.2200/2009. Pushpa Bai. VERSUS Jagannath Prasad Verma and Another. 04.05.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Rinesh Gupta, for the appellant. ***** Heard learned counsel for the appellant. The appellant has challenged the judgment of the learned appellate court by which the learned appellate court has remanded the matter to the learned trial court for decision afresh. Before the learned appellate court, both the parties submitted an application under Order 41 Rule 27 C.P.C. and the learned appellate court in para 13 of the judgment allowed the said applications filed by both the parties and directed that the additional evidence submitted in appeal by both the parties shall be taken on record. Having allowed the applications under Order 41 Rule 27 C.P.C. and after hearing the appeal, the learned appellate court in para 22 of the judgment has considered it proper to exercise the discretion to remand the matter to the learned trial court with the 2 S.B.CIVIL MISC. APPEAL NO.2200/2009. Pushpa Bai. VS. Jagannath Prasad Verma & Anr. direction that the learned trial court would consider and decide the suit after taking into consideration the documents, filed in appeal by both the parties. The learned appellate court being conscious of the fact that the suit is an old one has further directed the learned trial court to decide and hear the same expeditiously. In the light of the above, no exception can be taken to the order passed by the learned appellate court remanding the matter to the learned trial court for decision afresh particularly in view of the fact that both the parties had submitted additional evidence during the course of appeal which had been allowed by the learned appellate court. In the facts and circumstances, the appeal as well as the stay application stand dismissed summarily. (DALIP SINGH),J. Solanki DS, Jr.P.A.