(1.) THE present appeal has been filed by Varinder Singh, who is arrayed as defendant No. 1 in the main suit. The challenge is to the order dated September 5, 1987 passed by the Additional District Judge, Patiala, whereby an order dated July 16, 1986 passed by Senior Sub Judge, Patiala has been set aside and the case has been remanded back to the trial Court for commencement of further proceedings, in accordance with law.
(2.) JAGJIT Singh (presently arrayed as respondent No. 9) along with his brother Baljit Singh (arrayed as respondent No. 1) filed a suit for declaration to the effect that the sale of the house in question by their father Pritam Singh in favour of defendant No. 1, Varinder Singh vide a registered sale-deed dated October 8, 1980 is void and ineffective as against their rights. It was claimed by the aforesaid plaintiffs that the suit property was co-parcenary property and as such sale in question, which had been effected without any legal necessity, was not binding upon them. Permanent injunction was also sought against defendant No. 1 from recovering the rent from defendant Nos. 2 to 8.
(3.) DURING the course of proceedings before the trial Court, issues were framed on May 14, 1985. The case was adjourned from time to time for the evidence of the plaintiffs. The same was fixed for August 8, 1986. However, on the request of the parties that the matter had been compromised, the same was taken up by the trial Judge on July 16, 1986. On the aforesaid date, the plaintiff No. 1 Jagjit Singh appeared for himself and as general attorney of his brother Baljit Singh and made a statement to the following effect :