KANHAIYALAL Vs. SHRI RAM SINGH

JUDGEMENT

(1.) THIS is an appeal by the plaintiff -landlord against the judgment and order of remand dated 11.10.1984 passed in Civil Appeal No. 29 -A/83 by the IInd Additional Judge to the Court of the District Judge, Ratlam, whereby the learned Lower Appellate Court has set aside the judgment dated 6.8.1983 and decree dated 9.8.1983 passed by the 1st Civil Judge, Class II, Ratlam in C.S. No. 41 -A/81, and remanded the case to the trial Court with a direction to bring all the legal representatives of the original tenant -deceased Gopalsingh on record and thereafter dispose of the suit in accordance with law.

(2.) THE facts giving rise to his appeal, briefly stated, are as follows

(3.) BEING aggrieved by the judgment and decree of eviction passed by the learned trial Court, the defendant -tenant filed an appeal before the IInd Additional Judge to the Court of the District Judge, Ratlam. The learned appellate Court has decided the appeal only on the point of joinder of necessary parties to the suit without deciding the appeal on other points relating to merits.