SHMT. DHAPAN Vs. VIJAY SINGH AND OTHERS

JUDGEMENT

(1.) THIS order will dispose of S. A. O. Nos. 8 and 11 of 1979, as both of them arise out of the same order

(2.) S .A O No. 8 of 1979 has been filed by the Plaintiff appellant against the order of the Additional District Judge, Hissar, dated 22nd January, 1979, whereby be set aside the decree of the trial Court decreeing the suit of the Plaintiff and remanded the case for retrial.

(3.) THE learned Counsel for the Appellant has vehemently argued that under no circumstances the learned Additional District Judge could set aside the decree passed in favour of the Appellant by the trial Court. At the most, he could send for a report from the trial Court on the additional issues framed by the lower appellate Court. Though, according to the learned Counsel it was also not necessary, in the circumstances of the case, as all the evidence was already on the record and there was no question of any additional issues to be framed in the case In any case, he maintained that the decree in the suit filed by Vijay Singh etc., could not be set aside under any circumstances