KUNWAR PAL SINGH Vs. MAHENDRA

JUDGEMENT

(1.) Heard Shri Chandra Bhan Gupta, learned counsel for the appellants and Shri Rishi Kant Rai, learned counsel for the respondents.

(2.) This appeal has been filed by the defendant being aggrieved of the judgment dtd. 6/3/2019 passed by District Judge, Gautam Budh Nagar in Civil Appeal No.01 of 2019 whereby learned District Judge has partly accepted the civil appeal and set aside the judgement and decree dtd. 22/12/2018 and has remanded the matter to learned Civil Judge (Junior Division), Gautam Budh Nagar to frame additional issues namely whether disputed property/house is situated in Gata No.334 or in Gata No.442 abadi and permit the authorities to lead evidence and decide the suit within a period of three months.

(3.) Learned counsel for appellant submits that provisions contained in Order XL I Rule 23 prescribes the circumstances under which Remand of the case can be made by the appellate Court. It is submitted that while remanding the matter, the appellate Court has to direct what issue or issues shall be tried in the case so remanded and there cannot be a remand to initiate de novo trial.