CHANDU Vs. DENGU

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned Addl. District Judge, Mandi in Civil Appeal No.56 of 1996 decided on 12.10.2001 whereby he framed an additional issue and remanded the case back to the trial Court for decision afresh.

(2.) THE facts necessary for disposal of the present appeal are that admittedly the plaintiffs (respondents in the present appeal) and the defendants ( appellants herein) are all related to each other and have inherited the suit land from their common ancestor Shri Budhu. The plaintiffs alleged that two of the co-owners Chiru and Khimu in connivance with the revenue officials had got mutation No.172 dated 15.2.1986 attested in their favour behind the back of the plaintiffs and proforma-defendants and it was fraudulently mentioned that Chiru and Khimu have exchanged the land with defendants Dengu, Gangu and Chelu. The plea of the defendants was that an exchange had taken place and the plaintiffs and proforma defendants had exhchanged their suit land and that the mutation was rightly attested. The trial Court dismissed the suit of the plaintiffs and in appeal the learned lower appellate Court held that one of the necessary issues which arose in the suit had not been framed. It, accordingly, framed issue No.7-A and remanded the suit. The additional issue framed by the learned lower appellate court reads as follows:

(3.) ON the other hand Mr. B.K.Malhotra, learned counsel for the respondents submits that though this issue may be covered under issues No. 1 and 2, there is no harm if a specific issue is framed so that there may be further clarity in the matter. He further submits that no further evidence is sought to be led in this matter since the case of the appellants is that the freshly framed issue is already covered under issues No. 1 and 2. Obviously, the parties have led evidence with regard to freshly framed issue and their counsel stated at the Bar that no further evidence is sought to be led on this issue. In view of the fact that no further evidence is to be led by the parties and the point in issue can be decided on the evidence already on record, the matter need not be remanded to the trial Court.