VED PARKASH Vs. BHAGIRATH PARSHAD

JUDGEMENT

(1.) THE present appeal arises out of an order dated 21.12.2000 passed by the learned Additional District Judge, Muktsar, vide which the decree passed by the learned trial Court was set aside and the case was remanded back under Order 41 Rule 23-A of Civil Procedure Code with a direction to the lower Court to afford one more opportunity to the respondents herein to conclude their evidence and thereafter allow the petitioners reasonable time to lead their evidence and to decide the suit afresh.

(2.) THE respondent-plaintiff had sought partition of suit land by claiming himself to be co-sharer in the suit property to the extent of 1/6th share while the petitioners were said to be owners of 5/6th share. It was also claimed that Kundan Lal, respondent No. 2 in the appeal before the lower Appellate Court had sold 1/2 share of the suit property to respondent Nos. 3 to 5 vide sale deed dated 13.10.1992.

(3.) VIDE order dated 9.5.1997, the learned trial Court was pleased to close the evidence of the plaintiff by passing the following order :-