(Anil R. Dave and Adarsh Kumar Goel, JJ.)
A.A. Prakasan ______________________________________ Appellant
v.
Anupama & Ors. _________________________________ Respondent(s)
Civil Appeal Nos. 4241-4242 of 2016, decided on April 19, 2016
[arising out of S.L.P. (Civil) Nos. 16228-16229 of 2012]
The Judgement of the Court was delivered by
Adarsh Kumar Goel, J.:—
1. Heard the learned counsel for the parties.
2. Leave granted.
3. The High Court has as a consequence of its decision to permit amendment, set aside the judgment of the trial court and remanded the matter. We are of the view that even after the amendment was permitted, further question whether any fresh issue was required to be framed or fresh evidence was to be led was required to be gone into before setting aside the judgment. In case it becomes necessary to frame additional issue and permit the parties to lead further evidence, a report could be called for from the trial court on such additional issue. Remand could be ordered only if the judgment of the trial court was erroneous and the appeal court could not decide the matter and not merely on an amendment being allowed.
4. In view of the above, without expressing any opinion on merits, we set aside the impugned judgment passed by the High Court. The High Court may consider the matter afresh in accordance with law.
5. Parties shall appear before the High Court for further proceedings on 25th July, 2016.
6. The appeals stand disposed of as allowed. No order as to costs.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) Nos. 16228-16229/2012
(Arising out of impugned final judgment and order dated 07/03/2012 in RSA Nos. 226/2012 and 242/2012 passed by the High Court Of Kerala At Ernakulam)
A.A. Prakasan.….Petitioner(s)
v.
Anupama & Ors.….Respondent(s)
(With interim relief and office report)
(For final disposal)
Date : 19/04/2016 These petitions were called on for hearing today.
(Before Anil R. Dave and Adarsh Kumar Goel, JJ.)
For Petitioner(s) Mr. C.K. Sasi, Adv.
For Respondent(s) Mr. Sanjay K. Shandilya, Adv.
Mr. Hemant Sharma, Adv.
For Mr. Rauf Rahim, Adv.
Mr. Rajesh, Adv.
For Mrs. V.D. Khanna, Adv.
UPON hearing the counsel the Court made the following
ORDER
7. Leave granted.
8. The appeals are disposed of as allowed in terms of the non-reportable judgment.
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