Judgment ( 1. ) DEFENDANT/appellant has directed this appeal against the judgment and decree dated 3. 4. 1996 passed by I Additional District Judge, Neemuch in Civil Suit No. 38-C/94, thereby passing a decree for restitution of conjugal rights against appellant and in favour of respondent/plaintiff. ( 2. ) BRIEFLY stated the facts of the case are that appellant and respondent are husband and wife and the marriage between the parties was solemnized on 7. 3. 1991 according to Hindu religion and customs at village Narayangarh. After the said marriage, appellant lived at her matrimonial house alongwith respondent till 31. 7. 1993. On 31. 7. 1993 she went to her parental house and voluntarily residing alongwith her parents and despite efforts of the appellant she is not ready to consumate marital relations. Respondent (husband) filed an application before the Trial Court under Section 9 of the Hindu Marriage Act (for short "the Act") for grant of decree of restitution of conjugal rights against appellant (wife ). ( 3. ) LEARNED Trial Court on evaluating evidence adduced on behalf of the parties allowed the application filed by respondent and granted a decree of restitution of conjugal rights under Section 9 of the Act in favour of respondent and against appellant. Aggrieved by the said judgment and decree of the Trial Court, the appellant has filed this appeal. ( 4. ) DURING pendency of this appeal on behalf of appellant, LA. No. 232/1998 is filed under the provisions of Order 41 Rule 27 of the Code of Civil Procedure along with two documents. In the application it is stated that after the impugned decree of the Trial Court and during pendency of this appeal respondent Gopaldas on 21. 11. 1996 contracted second marriage with one Smt. Manjubai daughter of Rangundas Bairagi at village Kesharpura, District Chitorgarh. Along with the application he filed two certificates one given by Sarpanch of Grampanchayat, Shambhupur and the other certificate by the Secretary of Vaishnav Jila Mahasabha, Mandsaur with regard to contracting of marriage with Manjubai. Appellant has prayed that the said documents may be taken on record by way of additional evidence. The application was orally opposed on behalf of respondent. ( 5. ) I have heard learned Counsel for the parties on merits of the appeal as also on LA. No. 232/98. ( 6. Appellant has prayed that the said documents may be taken on record by way of additional evidence. The application was orally opposed on behalf of respondent. ( 5. ) I have heard learned Counsel for the parties on merits of the appeal as also on LA. No. 232/98. ( 6. ) CONSIDERING the submissions of the learned Counsel and on consent the application LA. No. 232/98 filed on behalf of the appellants is allowed and the documents filed along with the application are taken on record by way of additional evidence. ( 7. ) IN view of the facts and circumstances of the case on hand, and on consent this appeal is allowed and the impugned decree of the Trial Court stands set aside and the case is remanded back to the Trial Court with the direction to give an opportunity to both parties to adduce evidence with regard to the certificates given by the Sarpanch of Gram Panchayat, Shambhupur and the Secretary, Vaishnav Jila Mahasabha, Mandsaur on the point of contracting second marriage by the respondent with one Manjubai and thereafter pass fresh judgment and decree in accordance with law. Parties are left to bear their own cost of this appeal. Counsels fee Rs. 500/ is fixed for each of the parties on certificate. Decree be drawn up accordingly. Parties through their Counsel are directed to appear before the Trial Court on 10th September, 2001. Office is directed to remit the record of the Trial Court along with the documents filed on behalf of appellant in this Court together with LA. No. 232/ 98 immediately retaining photocopy of the same for record purpose.