Law:

Section:

Civil Procedure Code (V of 1908)------O.VI, R. 17---Amendment of pleadings---Applications for seeking amendments of pleadings by the plaintiff while the appeal was pending--­Appellate Court by allowing the said applications proceeded to remand the matter to the Trial Court by setting aside the and decree under appeal---Validity---Perusal of the plaint and applications made for amendment revealed that proposed amendments were wholly unnecessary as a consequence whereof the remand of the matter to the Trial Court would merely prolong the agony of a lengthy litigation between the parties---De novo trial of the suit after framing additional issues and recording of evidence was wholly a futile exercise, as the lis could be decided on the basis of pleadings and evidence already on the record--­Appellate Court thus was wrong and acted illegally in remanding the matter to the Trial Court by allowing applications for amendment--­Parties had already produced evidence to their satisfaction, which was sufficient and enough to decide the…

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