PREM CHAND SUCKLECHA Vs. SHARWANLAL SHARMA

JUDGEMENT

(1.) WITH the consent of the learned counsels for the parties, the appeal is being decided finally at the admission stage.

(2.) THE present appeal has been filed by the appellants-plaintiffs under Order XLIII Rule 1(u) of CPC challenging the order dated 23rd March, 2009 passed by the Additional District Judge No.1, Jaipur City, Jaipur (hereinafter referred to as the 'Appellate Court'), in Civil Regular Appeal No.23/07 (7/07), whereby the Appellate Court has set aside the judgment and decree dated 21st November, 2006 passed by the Additional Civil Judge (Jr.Div.) Cum Judicial Magistrate, Jaipur East, Jaipur City, Jaipur (hereinafter referred to as the 'Trial Court') in Civil Suit No.340/1998 and remanded the case to the trial Court for deciding it afresh in the light of amended issue No.1 and issue No.2 recast by the Appellate Court.

(3.) THE trial Court from the pleadings of the parties framed following five issues: