SIRI CHAND Vs. RAM CHAND

JUDGEMENT

(1.) THIS is an appeal filed by Siri Chand Defendant against the order dated 13th August, 1973 of the Additional District Judge, Gurgaon, whereby he accepted the appeal of Ram Chander Plaintiff and set aside the judgment and decree of the trial Court and remanded the suit to it for fresh decision after recording evidence of the parties in accordance with law.

(2.) THE facts of this case are that Bhura Lal, adopted son of Mst. Gainda widow of Nathi Mal was the owner of the land in suit fully described in para No. 1 of the plaint and he died on December 10, 1967. On October 20, 1967, he executed a will bequeathing all his property in favour of Ram Chander Plaintiff. After the death of Bhura Lal, the land was mutated by the revenue authorities in favour of Siri Chand, Defendant, who claimed himself to be the adopted son of Bhura Lal. The Plaintiff, therefore, filed suit for possession of this land on the allegations that he is entitled to inherit this land on the basis of will executed by Bhura Lal in his favour and that the deceased did not adopt Siri Chand as his son. The factum, and the validity of the alleged adoption was challenged. The Defendant denied the allegations made in the plaint. On the pleadings of the parties, the following issues were framed by the trial Court:

(3.) MR . G.C. Mittal, the learned Counsel for the Appellant relied upon several decisions of the various High Courts and the Supreme Court to show that the non -recording of the evidence in the manner required by Order 18, Rules 5, 8 and 14, Code of Civil Procedure is not an illegality, but is a mere irregularity, which did not affect the merits of the case or the jurisdiction of the court and consequently the decree of the trial court could not be reversed.