GOPI CHAND Vs. PARTAP SINGH

JUDGEMENT

(1.) The present appeal directs challenge against concurrent findings recorded by the Courts whereby suit for partition in respect of land measuring 9 kanal 1 marla, situated in village Bohra Kalan, Tehsil and District Gurgaon, detailed in para 2 of the judgment of trial Court filed by the respondents/plaintiffs was decreed by the trial Court vide judgment and decree dtd. 24/12/2012.

(2.) The appeal preferred by Gopi Chand (since deceased) through his LRs was dismissed by the District Judge, Gurgaon vide judgment and decree dtd. 3/3/2014.

(3.) Counsel for the appellants would argue that in the suit, no issues were framed by the trial Court pertaining to the matter in controversy but in the original records at page 45, there is an order dtd. 13/12/2012 making reference to certain issues but these issues pertain to some other suit relating to regularization of services and qualifying service etc. It is further argued that as the trial Court did not frame any issue(s) much less any issues before the parties were called upon to produce evidence, the judgments and decrees passed by the Courts cannot be allowed to sustain and liable to be set aside. It is prayed that the matter may be remitted to the trial Court for decision of the case afresh after framing of issues and providing an opportunity to the parties to adduce evidence.