LRS. OF ABDUL SATTAR Vs. SUGANLAL AND ANR.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) LEARNED Counsel for the respondent submits that the first appellate Court has not decided all the issues and decided the entire appeal by deciding only two issues and, therefore, as per his view also, the matter can be remanded back to the first appellate Court without keeping it pending for several years.

(3.) SINCE the appeal deserves to be allowed on the basis of substantial questions Nos. 1 and 4 as the first appellate Court has not decided all the issues, which in the facts of the present case required to be decided by the first Appellate Court, therefore, the judgment and decree of the First Appellate Court dt. 15.03.2007 deserves to be set aside only on this count. Whether the trial Court has committed any illegality is also required to be decided by the first appellate Court which includes whether the trial Court committed error of law by deciding the other issues other than issue No.4 and 4A is also required to be decided by the first appellate Court only.