JUDGMENT : Deepak Maheshwari, J. Heard the learned counsels for both the sides. 2. The learned counsel for the appellant submits that the learned trial Court has decided the Civil Original Suit No. 142/2011 vide judgment dated 28th May, 2015 regarding recovery of the suit money but the learned trial Court has omitted to decide the application filed on 25th August, 2010 under Order 8, Rule 1A CPC by which, the defendant sought to produce the public document which was also referred in the written statement itself. The said document was the statement given by the father of the defendant Shri Chhagan Lal against the plaintiff-Ladu Singh. It was the defence of the defendant that on account of the statement given in the criminal proceedings, the suit has been fabricated against the defendant by the plaintiff. 3. On perusal of the record, it appears that on 25th August, 2010, two applications came to be filed on behalf of the defendant. One was filed under the provisions of Sections 45 and 73 of the Indian Evidence Act and another under Order 8, Rule 1A CPC. The earlier application filed under Sections 45 and 73 of the Indian Evidence Act came to be decided on 10th April, 2014 but the another application filed under Order 8, Rule 1A CPC was not decided and the suit came to be disposed by the judgment dated 28th May, 2015. 4. In view of the aforesaid averments and facts, both the learned counsels are agreeable that the case be remanded back to the learned trial Court with the direction to dispose of the application filed under Order 8, Rule 1A CPC first and then, to decide the suit afresh, after giving due opportunity of hearing to both the sides. 5. Accordingly, this first appeal is allowed; and the impugned judgment dated 28th May, 2015 is set aside. The matter is remanded back to the learned trial Court with the direction to dispose of the application filed under Order 8, Rule 1A CPC and then, to proceed with the matter and decide the same afresh in accordance with the provisions of law, as expeditiously as possible, after giving due opportunity to both the sides. 6. It is also observed that the Court Fees paid by the appellant in respect of the appeal may be refunded to the appellant on moving the appropriate application in this regard. 7. 6. It is also observed that the Court Fees paid by the appellant in respect of the appeal may be refunded to the appellant on moving the appropriate application in this regard. 7. Both the learned counsels for the parties are directed to ascertain the presence of both the parties before the learned trial Court on 5th October, 2016. Record requisitioned from the Court below be sent back immediately.