SURTA Vs. KALU RAM

JUDGEMENT

(1.) This is a second appeal against the order of the learned Senior Sub-Judge with enhanced appellate powers, Jind, vide which he accepted the appeal filed by Kalu Ram against Surta and set aside the judgment and decree of the Court below and remanded the case in terms of Order 41 Rule 23-A, Civil Procedure Code (hereinafter referred to as the Code) with the direction that the trial Court would settle proper issues arising out of the pleadings of the parties in the light of the observations made by him and thereafter to decide the case according to law.

(2.) The facts of the case, briefly stated, are that Surta son of Lakhi Ram, resident of Akalgarh, Tehsil and District Jind filed a suit for possession of land measuring 15 Biswas situate in village Akalgarh on the basis of title.

(3.) The suit was contested by Kalu Ram and he pleaded that no family partition, as alleged by the plaintiff, had taken place, that he was in possess of the land in dispute since long, that the plaintiff had filed a similar suit which stood already dismissed and as such he had no locus standi to file another suit and that proper court-fee was not paid.