JAN MOHD. Vs. MOHD. HUSSAIN

JUDGEMENT

(1.) Heard learned counsels.

(2.) These two appeals have been filed against common order dated 27/10/1998 passed by learned Addl. District Judge No.1, Bikaner in appeal no. 10/86 (Mohd. Hussain Vs. Jan Mohd.) and appeal no.41/86 (Mohd. Hussain Vs. Amiya).

(3.) Learned appellate court after hearing both the parties held that the two suits in question out of which these appeals have arisen, namely; suit no. 27/78 (282/78) (Mohd. Hussain Vs. Naseera & Ors.) which was decreed on 21/5/1984 & suit no.189/82 (332/78) deserve to be tried separately and afresh from the stage as it obtained on 14/2/1983, when the trial of two suits were consolidated, and separate decrees would be passed in the same.