Judgment Learned counsel for the respondents submitted that this appeal has become infructuous as both the parties have led their respective evidence before the trial Court in furtherance of judgment dated 31-10-11 passed in Civil Appeal No. 16-A/10 by learned Third Additional District Judge to the Court of First Additional District Judge, Gwalior by which the case has been remanded by learned lower appellate Court after allowing the application for amendment filed by the respondent and application under Order XLI Rule 27 of CPC filed by the appellant and another application under Order XLI Rule 27 read with section 151 of CPC filed by the respondent. The case has been remanded on the ground that after making the amendment and taking the documents on record some evidence is necessary/therefore, the matter is to be decided afresh by learned trial Court. Learned counsel for the appellant submitted that learned lower appellate Court has not given any finding on the merits of the appeal. The application filed under Order XLI Rule 27 of CPC in an appeal is required to be considered at the time of final disposal of appeal but before coming on merits of appeal, the application filed under Order XLI Rule 27 of CPC has to be considered by learned lower appellate Court and if the application filed under Order XLI Rule 27 is allowed, then the Court has to consider that whether the document can be considered by itself or they are required to be exhibited in evidence and any fresh decision is required from the trial Court and where the application for amendment under Order VI Rule 17 of CPC is allowed then on the basis of amended pleadings fresh decision is required after taking evidence, learned lower appellate court may remand the case to the trial Court for a fresh decision after taking evidence for which decision on merits of the case is not required. Learned counsel for the appellant has cited the judgment of this Court on the point that the appeal should be decided on merits as a general rule. Judgment passed in the matter of Hari Shankar V. Shrilal 1993 (II) MPWN (144 ), also mentions that remand is exception and decision of appeal on merit is a general rule. Further reliance has been placed on the decision of this Court in the matter of Ramesh Singh and others Vs. Judgment passed in the matter of Hari Shankar V. Shrilal 1993 (II) MPWN (144 ), also mentions that remand is exception and decision of appeal on merit is a general rule. Further reliance has been placed on the decision of this Court in the matter of Ramesh Singh and others Vs. Vajjanti Bai and others. 2004 (1) JLJ 391 in which it has been held that whole case need not to be remanded and appellate Court has to decide the appeal on the basis of evidence available on record. Further reliance has been placed over the decision in the matter of Dr. Arvind Vs. Mannalal, 2009 (4) MPHT197. Since both the parties have led their respective evidence after amendment in the pleading and produced the additional documents, the judgments cited by learned counsel for the appellants are not applicable. Since both the parties have adduced the evidence after amendment and filed additional documentary evidence thus, the appeal has become in fructuous looking to the judgment cited by learned counsel for the respondent passed by this Court in the matter of Waliram Vs. Jagdish chand. 1985 MPWN (102), in which it has been held that the appeal under order XLIII Rule 1 (u) of CPC become infructuous if the amendment allowed by learned lower appellate Court is duly carried and evidence has been led by the parties before learned trial Court. In view of the fore going discussion and reasons, the appeal filed by the appellant has become infructuous and the same is hereby dismissed as infructuous.