TARLOK CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This second appeal from order has been filed by the plaintiff, against the order dated 21.2.2002, passed by the learned Additional District Judge, vide which the application for additional evidence filed by the defendants was allowed, the judgment and decree passed by the learned trial Court were set aside and the trial Court was directed to record the additional evidence of the defendants and also to give opportunity to the plaintiff to produce evidence in rebuttal. The trial Court was further directed to decide the suit afresh after considering the entire evidence on record.

(2.) The plaintiff had filed a suit for declaration and mandatory injunction, with regard to the amount of provident fund lying in his account. After hearing both sides, the learned trial Court, vide judgment and decree dated 22.4.1999, decreed the suit of the plaintiff and it was held that plaintiff was entitled to the entire amount of provident fund lying in his account and the defendants were directed to release the entire amount of provident fund to the plaintiff. Aggrieved against the said judgment and decree of the trial Court, the defendants filed appeal before the learned District Judge. During the pendency of the appeal, defendant No. 3 filed an application under Order 41 Rule 27 CPC before the Appellate Court for permission to produce certain evidence by way of additional evidence. The said application was contested by the plaintiff. After hearing both sides, the learned Additional District Judge allowed the said application of defendant No. 3. Resultantly, the judgment and decree of the trial Court were set aside and the trial Court was directed to record the additional evidence of defendant No. 3 and also to record the evidence in rebuttal that may be produced by the plaintiff and thereafter to decide the suit afresh after considering the entire evidence. Aggrieved against the order dated 21.2.2002 of the learned Additional District Judge, the plaintiff has filed the present second appeal from order in this Court.

(3.) Notice of motion was issued and further proceedings before the trial Court were stayed.