SUCHA SINGH Vs. BHALWAN

JUDGEMENT

(1.) The present revision petition has been filed by Sucha Singh, hereinafter called "the petitioner", directed against the order of the learned Additional District Judge, Sangrur, dated 15.6.1998. By virtue of the impugned order, the learned trial Court had accepted the application of the respondent setting aside the judgment and decree of the trial Court. The case was remanded to the trial Court at Sunam to consider the evidence produced by the parties and decide the same afresh.

(2.) The relevant facts are that the petitioner had filed a civil suit for possession of the suit land in January, 1981 against the respondent. He claimed himself to be the owner of the land in question. The suit was contested by the respondent on various pleas. The respondent has set up his own ownership and has claimed that he is owner by adverse possession. From the pleadings of the parties, the trial Court had framed 11 issues. The parties were afforded opportunity to lead evidence. On 10.3.1987 the learned trial Court had decreed the suit. The respondent preferred an appeal before the learned Additional District Judge at Sangrur.

(3.) During the pendency of the appeal, an application was filed for amendment of the written statement in the Court of learned Additional District Judge. The learned Additional District Judge allowed the application for amendment of the written statement. Consequently, on the basis of the amended pleadings, five additional issues were framed. After framing of additional issues, the learned Additional District Judge instead of remanding the case preferred to record the evidence. The parties were given the chance to produce the evidence.