KARTAR SINGH Vs. RAMESHWARI KELA DECD

JUDGEMENT

(1.) The dispute revolves around an order of remand passed by the learned Additional District Judge under Order 41 of the Code of Civil Procedure and concerns its legality.

(2.) Rameshwari Kela who is the respondent before me had filed a suit for permanent injunction against Kartar Singh appellant seeking to restrain him for raising any construction in the park facing her plot. Kartar Singh contested the suit on various grounds including the plea that the plaintiff being not in possession of the park or any part thereof, the relief of injunction could not be sought and that not only the suit was not maintainable, it was not even properly valued for purposes of court fee and jurisdiction. It was also pleaded that the land in question was not earmarked as a park and that, in any case, there was no contract between the parties regarding the user of the land as a park. The parties went to trial on the following issues:

(3.) The learned Subordinate Judge held the suit to be maintainable and also properly valued for purposes of court fee and jurisdiction but dismissed it on deciding issues 4 to 6 against the plaintiff. This was in the year 1969. The judgment prompted the plaintiff to file an appeal which saw an order of remand of the suit for redecision on the ground that issue No.2 had not been decided. It is now the defendant in the suit who has filed this appeal.