HARVEER SINGH Vs. RAGHUVEER & ORS

JUDGEMENT

(1.) This order shall govern the disposal of M.A. No. 492/2007 and M.A. No. 638/2008 as both the appeals arise out of a common judgment.

(2.) Being aggrieved by the judgment dated 7.4.2007 passed in Civil Appeal No. 25-A/2005 by the District Judge, Guna, these appeals have been filed by the plaintiff as well as by the defendants. M.A. No. 492/2007 is filed by the plaintiff, against the judgment of remand while M.A. No.638/2007 is filed by the defendants against the same judgment. It is not in dispute that during the pendency of the Appeal, cross objection was filed by the defendants before Lower Appellate Court and to support the cross objection, an application under Order 41 Rule 22 CPC was also filed.

(3.) The contention of the plaintiff is that the judgment of remand in whole sale in a suit claiming right of pre- emption, dismissed by trial Court, in the appeal filed by him challenging the said judgment, merely on filing an application of defendants under Order 41 Rule 27 of CPC is not permissible. In fact, on the basis of material so available, the District Judge ought to have decided appeal and cross objection filed by the defendants on merit, therefore, the order of remand is not permissible.