VIBHU NANDAN Vs. JAI PARKASH

JUDGEMENT

(1.) THE original appellant Smt.Asha had filed the present regular second appeal under Section 100 of the CPC against the judgment and decree of the court of learned District Judge, Sirmaur at Nahan, dated 18.8.2000.

(2.) THE appeal was admitted on the following substantial question of law: "Whether the Ld. Court below has erred in law in brushing aside the documentary evidence i.e. the Record of Rights wherein the Appellant/plaintiff has been shown to be in exclusive owner in possession of the ancestral house even after she sold some portion to one Satbir.

(3.) ACCORDINGLY, the case is remanded to the learned District Judge, Sirmaur at Nahan, who shall consider the question afresh as to whether the original appellant Asha had some interest left in the property or not and as to whether she could maintain the suit for an injunction or not. This question shall be considered alongwith other questions arising in the appeal and the appeal shall be disposed of afresh by the learned District Judge. The impugned judgment and decree, dated 18.8.2000, is set aside. The parties through their counsel are directed to appear before the learned District Judge, Sirmaur at Nahan on 10.5.2011. The Registry is directed to send the records of the case forthwith so as to reach the Court well before the date fixed.