RAJ KUMAR Vs. KAMLESH VAID

JUDGEMENT

(1.) This appeal is directed against the judgment and decree, dated 2.4.2008, of the first Appellate Court, whereby accepting the appeal filed by the respondents-defendants, matter has been remanded to the trial Court, with a direction to get the reconstructed report of Local Commissioner proved, by means of secondary evidence and then to decide the suit afresh.

(2.) Appellant-plaintiff filed a suit, in which a boundary dispute was raised. A Local Commissioner was appointed. Objections were filed against the report of Local Commissioner, by the respondents-defendants. Those objections were dismissed by the trial Court and suit was ultimately decreed, placing reliance upon Local Commissioner's report. Appeal was filed by the respondents-defendants. District Judge remanded the case with a direction to reconsider the objections against the report of Local Commissioner and to decide the suit, afresh

(3.) When the matter was remanded to the trial Court, it was found that the original report of the Local Commissioner, alongwith the documents annexed thereto, was missing from the file. Record was sought to be reconstructed.