NARESH KUMAR VIJ Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD and gone through the record. The present appeal is directed against the order, dated 8.10.1999 of the District Judge, whereby the judgement and the decree of the trial court, decreeing the suit of the appellant- plaintiff, for recovery of certain amount of money, on account of the value of the work executed by him for the respondents- defendants, has been set-aside and the wholesale remand has been ordered, after framing an additional issue.

(2.) FACTS relevant for the disposal of the appeal may be noticed. Appellant- plaintiff filed a suit for recovery of a sum of Rs. 1,48,052/-, alleging that he had executed certain works for the respondents- defendants on their asking and that only a part payment on account of the value of those works had been made and that a sum of Rs. 1,48,052/- was still due. The respondents- defendants, inter alia, pleaded that they had paid the entire amount of money due to the plaintiff and nothing was due on account of balance. The trial court framed various issues, one of which read as follows:-

(3.) RESPONDENTS - defendants went in appeal to the court of District Judge. The said court observed that no specific issue had been framed, with respect to the plea of the respondents- defendants that they had paid the entire amount due to the appellant- plaintiff and with this observation the trial court framed an additional issue, which reads as follows:-