KIDAR SINGH Vs. KARTAR SINGH

JUDGEMENT

(1.) This order will dispose of S.A.O. Nos. 22 and 29 of 1980, as both of them arise out of the same order of the learned Additional District Judge, Karnal, dated March 8,1980.

(2.) Two suits for permanent injunction were filed by Kartar Singh and Nar Singh separately against the Defendant-Appellant Kidar Singh. The said suits were consolidated by the trial Court vide its order dated 27th January, 1976, which reads thus:

(3.) After hearing the learned Counsel for the parties, I am of the opinion that the order of remand passed by the learned Additional District Judge is liable to be set aside on the short ground that such a remand is not contemplated under Order 41 Rules 23, 23-A and 25 of the Code of Civil Procedure. The powers of the appellate Court to remand a case are governed by these provisions. No decree could be set aside on the ground that order of consolidation passed by the trial Court on the consent of the parties hat prejudiced the Plaintiffs, particularly, when no such objection was taken in the Grounds of Appeal filed by them in the lower appellate Court. The learned Counsel for the Respondent was unable to support the judgment of the lower appellate Court. Consequently, the order of remand is set aside and it is directed that the appeals be registered on their original numbers and be disposed of in accordance with law. Parties through their learned Counsel have been directed to appear in the Court of the District Judge, Karnal on 8th September, 1980.