CHANDA GUPTA Vs. ASHOK KUMAR GUPTA

JUDGEMENT

(1.) Learned Civil Judge (Sr. Division), Jalandhar while deciding the suit filed by the appellant recorded findings on all the issues except issue no. 4(a) framed on 29/10/2010 which reads as follows-

(2.) The suit was filed seeking relief of mandatory injunction directing the defendantrespondent to hand over the vacant possession of the disputed house with plea that possession of the defendant over the suit property is that of licensee.

(3.) Learned trial Court recorded the findings on all the issues while decreeing the suit. However, issue No. 4(a) framed on 29/10/2010 appears to have escaped attention of the Court. The order of the learned Ist Appellate Court setting aside judgment passed by the trial Court on the sole ground that findings have not been recorded on issue No. 4(a) is not legally sustainable as per provisions of Order 41 Rule 23, 23-A or 25 CPC. The Ist Appellate Court could call report of the trial Court on issue No. 4(a) and while deciding the appeal on merits could see the impact on the finding of issue No. 4(a) on merit of other issues and decide the appeal on merits.