DILBAGH SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) This is a second appeal against the order dated 2nd December, 1987 passed by the Court of Additional District Judge, Jalandhar, which set aside the finding of the trial Court on issue Nos. 1 and 2 and also the impugned judgment and decree and remanded the case to the trial Court with the direction to take on record nine copies of the revenue record enumerated in the application dated 30th April, 1987 by way of additional evidence on issue Nos. 1 and 2. Further directions were given to the trial Court to give reasonable opportunity to the defendants to rebut the evidence of the plaintiff and thereafter to give fresh findings on issue Nos. 1 and 2.

(2.) Some facts of the case can be noticed in the following manner: Amar Singh son of Kishan Singh filed a suit for declaration to the effect that he was owner in possession of 1/2 share of land fully described in the head-note of the plaint and situated within the revenue estate of village Sarobad, Tehsil and District Jalandhar against the defendants and in the alternative a decree for possession to the extent of 1/2 share of the suit land. The suit was contested by Dilbagh Singh and others in the trial Court and from the pleadings of the parties, the trial Court framed the following issues:-

(3.) The suit was dismissed by the trial Court vide judgment and decree dated 10th December, 1985 and aggrieved by the judgment and decree of the trial Court, Amar Singh filed the appeal before the first Appellate Court and also filed an application under Order 41 Rule 27 Civil Procedure Code and sought to produce certain revenue record. The application was allowed by the first Appellate Court and the plaintiff-appellant was allowed to prove by way of additional evidence the nine copies of the revenue record which were mentioned in the application dated 30th April, 1987 itself. The first Appellate Court after allowing the application under Order 41 Rule 27 Civil Procedure Code also set aside the judgment and decree of the trial Court. Aggrieved by this finding as contained in the order dated 2nd December, 1987 passed by the Additional District Judge, Jalandhar, the defendants have come in this appeal, which I am disposing of with the assistance given by the learned counsel for the appellants.