PARAMVEER SINGH Vs. TIRATH SINGH

JUDGEMENT

(1.) Appeal from order under Order 43 Rule 1(u) of Code of Civil Procedure is preferred against the judgment and order dtd. 18/5/2017, passed by District Judge, Haridwar, in regular Civil Appeal no. 10 of 2016, Tirath Singh vs Bhajan Singh and others, whereby the first appeal filed by the respondent no. 1 against the judgment and decree dtd. 17/9/2017, passed by learned Civil Judge (J.D.), Haridwar in O.S. no. 215 of 2002 has been allowed and the matter was remanded back to the trial court.

(2.) Brief facts of the case are that the first respondent / plaintiff filed O.S. no. 215 of 2002, Tirath Singh vs Bhajan Singh and others for cancellation of sale deed dtd. 15/10/1996 executed by defendant no. 1 Bhajan Singh in favour of defendant nos. 2, 3 and 4 exercising powers given to him by plaintiff Tirath Singh through registered Power of Attorney dtd. 24/4/1980. the appellants and respondent nos. 2 and 3 filed their written statement denying the plaint averments and stated that the plaintiff himself has executed the registered Power of Attorney in favour of defendant no. 1, who in turn executed the sale deed dtd. 15/10/1996 after taking sale consideration from the vendee.

(3.) Learned trial court, on the basis of pleadings of the parties, formulated following issues: