RAM PARKASH Vs. SURINDER KUMAR

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment passed by the Court of learned Additional District Judge, Fast Track Court, Una, District Una, H.P. in Civil Appeal No.91/2K/RBT 243/04/2000, dated 5.1.2009, whereby the appeal and cross appeal filed by both the plaintiffs and defendants were disposed of in the following terms:-

(2.) Learned Senior Counsel for the appellant has argued that the judgment, vide which the matter stands remanded by the learned Appellate Court, is per-se not sustainable in the eyes of law as the same is not as per provisions of Order 41, Rule 23 (a) of the Act and once appeal stood filed before the said Appellate Court, it was incumbent upon the Appellate Court to have an adjudication upon the case on merit and not remanded the case back to the learned trial Court.

(3.) Brief facts necessary for the adjudication of the present appeal are that the appellant herein filed a suit for specific performance and injunction against the respondents/ defendants. The said suit was decreed by the Court of learned Sub-Judge, 1st Class, Amb, District Una, H.P. vide judgment and decree dated 31.5.2000.