CHARANJIT SINGH Vs. JAGJIT SINGH

JUDGEMENT

(1.) Suit filed by respondent No. 1-plaintiff has been dismissed by the trial court vide judgment and decree dated 12.08.2008. In first appeal preferred by the plaintiff, learned lower appellate court, vide judgment dated 23.01.2012, has remanded the suit to trial court for fresh decision because issues No. 12 and 13 had not been decided by the trial court. The trial court has also been directed to give opportunity to lead evidence afresh to both the parties and then to decide all the issues afresh. Judgment and decree of the trial court have been set aside. Feeling aggrieved, defendant No. 1 has filed this Second Appeal from Order.

(2.) I have carefully considered the aforesaid contentions and find considerable merit therein. The suit could not be remanded merely because the trial court failed to record findings on issues No. 12 and 13 regarding estoppel and locus standi of the plaintiff to file the suit. Moreover, judgment and decree of the trial court could not have been set aside and suit could not have been remanded without setting aside the findings of the trial court on other issues. Opportunity to lead fresh evidence could also not be granted to the parties. As regards issues No. 12 and 13, which were left undecided by the trial court, the lower appellate court, without remanding the suit, could have called for report on the said issues from the trial court.

(3.) In view of the aforesaid circumstances, I find that the impugned judgment of the lower appellate court is illegal and suffers from jurisdictional error. There was no occasion for remanding the suit to the trial court.