BANWARI LAL Vs. GIRDHARI LAL

JUDGEMENT

(1.) Heard Sri A.C. Pandey, learned Counsel for the Defendantsappellants.

(2.) This second appeal under Section 100 Code of Code of Civil Procedure has been filed against the judgment and decree dated 26.10.2010 in Civil Appeal No. 28 of 2003 passed by the Additional District Judge, Court No. 11, Bareilly, whereby the appeal filed by the Defendantappellant has been dismissed and the judgment and decree passed by the Trial Court for specific performance of agreement of sale has been affirmed.

(3.) The submission of Sri A.C. Pandey, learned Counsel for the Defendantappellant is that the First Appellate Court having found that an additional issue was required to be framed and it framed such issue it ought to have remanded the case to the Trial Court for taking evidence and deciding the issue framed by the First Appellate Court. Having not done so the impugned judgment is illegal.