RAMESH CHAND SONI Vs. JODH SINGH

JUDGEMENT

(1.) Aggrieved by the order, dtd. 25/3/2022 passed by the learned first appellate court, whereby it set aside the judgment and decree passed by the learned trial court and remanded the matter to the learned trial court, the plaintiffs/appellants have filed the instant appeal.

(2.) It is not in dispute that the learned trial court had appointed the Local Commissioner and after submission of the report had called upon the parties to file their objections.

(3.) The defendants/respondents filed objections, but neither requested nor prayed for an opportunity to lead evidence in support of the same, yet the learned first appellate court set aside the judgment and decree passed by the learned trial court solely on the ground that the learned trial court was bound to afford opportunity to the respondents to prove their objections.