Judgment ( 1. ) THIS appeal is directed Under Section 28 of the Hindu Marriage Act against the judgment and decree passed on 16. 1. 1993 by the learned Additional Judge to the District Judge, Sendhwa (West Nimar) in Original Civil Suit No. 2-A/92. whereby dismissed the suit of the plaintiff for a decree of divorce. ( 2. ) I have heard Mr. T. N. Singh, learned Counsel for appellant and Mr. S. K. Pawnekar, learned Counsel for respondent ( 3. ) THE submission of Mr. T. N. Singh is that in this case the apellant could not be examined as a witness because the appellant had examined one Om Prakash Gupta as a witness in support of his case due to the mistake of the Counsel for the appellant as he was in the impression that the said witness Om Prakash is the plaintiff who has been examined. It was also submitted that the respondent also could not produce any evidence, as the respondent and her witnesses could not appear on the date which was fixed for her evidence. ( 4. ) LEARNED Counsel for respondent also supported the submissions for remand and submitted that proper opportunity was not granted to the respondent/defendant also to lead evidence by the Court. ( 5. ) THE divorce petition was filed on the ground that the respondent/ defendant-wife is suffering from epilepsy and the Trial Court dismissed the petition on the ground that the applicant was not examined arid nor any doctor was examined to prove the epilepsy. Neither any cruelty has been found to be proved in the absence of the evidence of the applicant. Though the applicant examined PW-1 Ambaram, PW-2. Omprakash Gupta, PW-3 Dhannalal Kumrawat, and PW-4 Sadashiv and respondent/defendant has not examined any witness: ( 6. ) IN view of the aforesaid facts and circumstances of the case that in this case neither the plaintiff husband nor the respondent wife both could enter into the witness box, both the learned Counsel for parties have no objection for setting aside the impugned judgment and decree and for remanding the case for recording their evidence. ( 7. ) ACCORDINGLY with the consent of the parties, this appeal is allowed. ( 7. ) ACCORDINGLY with the consent of the parties, this appeal is allowed. The impugned judgment and decree is set aside and the case is remanded to the Trial Court with a direction that the Court shall provide opportunity to the parties to enter into the witness box and shall record the evidence on behalf of the plaintiff/ husband and also on behalf of the respondent/wife and complete the same within a period of six months positively. Both parties have agreed to appear before the Trial Court on 21. 10. 2002 and for that no notice would be necessary for the appearance of the parties. Parties shall bear their own costs. Record be returned immediately.