HAJARI CHAND MISHRA Vs. PRAMOD MITTAL

JUDGEMENT

(1.) This misc. appeal has been filed by the appellant-plaintiff challenging the order dtd. 6/10/2017, passed in First Appeal No.04/2015 decided by ADJ No.9, Jaipur Metropolitan, Jaipur.

(2.) The appeal was filed by the respondents challenging the judgment and decree dtd. 21/2/2015 passed in favour of the appellant.

(3.) The Appellate Court by the impugned order has held that the Court below had failed to frame an important issue in the suit and by framing an additional issue, the Appellate Court quashed and set aside the judgment and decree dtd. 21/2/2015 and the matter was remanded back to the Trial Court by framing new issue as issue No.1 and both the parties were directed to lead oral and documentary evidence before the Trial Court and further the finding was again required to be given by the Trial court on issue Nos.1, 2, 4 and 7 as were originally framed by the Trial Court. The Appellate Court had also directed the Trial Court to decide the suit within one year.