KHUSHAL SINGH Vs. BHAGAT SINGH

JUDGEMENT

(1.) The grievance of the petitioner is that this Court vide order dtd. 17/1/2019 passed in SAO No.6 of 2016 remitted the matter to the lower Appellate Court to decide the controversy afresh and frame the additional issue, if required. The operative part of the same reads as under:-

(2.) The lower Appellate Court on the basis of amended pleadings, framed following additional issues:-

(3.) Learned counsel for the petitioner submitted that the lower Appellate Court after framing the additional issue sought report from the trial Court, which is illegal as it could have taken the additional evidence.