DHEERAJ SINGH Vs. MADHAV SINGH

JUDGEMENT

(1.) THIS appeal is against the order dated 14.2.1996 passed by the lower appellate Court in Civil Appeal No. 27 -A/94 setting aside the judgment and decree passed by the trial Court and remanded the matter to the trial Court for fresh decision after framing three additional issues.

(2.) BRIEFLY stated the facts are that the plaintiff -appellant Dheeraj Singh filed a suit for declaration against the respondents. The suit has been decreed. Respondent No. 1 Madhav Singh preferred an appeal before the lower appellate Court. The lower appellate Court heard the matter and considered that three additional issues are necessary for adjudication of the matter. These three issues are reproduced below : ...[VERNACULAR TEXT OMITTED]...

(3.) IN that view of the matter the provisions contained under Order 41 Rule 25 CPC is material and quoted below :