NAWAB SINGH Vs. SHIV RAJ SINGH AND ORS.

JUDGEMENT

(1.) This matter was heard at length by me. After going through the order of the first appellate court, impugned in this second appeal, the Court finds that it has been recorded that the earlier order of remand passed in the first appeal by the Additional Civil Judge was legally not justified. Therefore, ignoring the order of remand and the direction issued therein, the first appeal has been decided afresh on merit.

(2.) This has led a very peculiar situation where a final judgment in a first appeal filed under Sec. of Code of Civil Procedure by the competent court at the relevant time has been held to be bad by a court exercising the same jurisdiction under Sec. Code of Civil Procedure

(3.) Facts in short giving rise to this second appeal are as follows: