GHANSHYAM Vs. RADHEY SHYAM

JUDGEMENT

(1.) BOTH the learned counsel appearing on behalf of the respective parties requested that the matter may be heard and decided at this stage. At the request of the parties, the appeal is heard finally.

(2.) THIS appeal under Order 43 Rule 1 (u) of the code of Civil Procedure has been filed against the order of remand dated 31. 07. 2009 passed by additional District and Sessions Judge (Fast Track), mahawa, District Dausa in Regular Civil Appeal No. 34/2008 (71/2005 ).

(3.) THE facts in brief are that the plaintiffrespondent filed a suit on the basis of possession for partition and for permanent injunction. The court fees fixed paid was Rs. 200/ -. The learned trial Court framed issues on the basis of the pleadings of the parties and issue Nos. 4 and 5 were in relation to jurisdiction of the Court and in relation to deficit court fees paid. The trial court's finding was that the court fees was not paid properly and it was deficit court fees. Ultimately, the trial Court dismissed the suit vide its judgment and order dated 10. 02. 2005, against which an appeal was preferred which came to be decided by the additional District and Sessions Judge (Fast Track), mahawa, District Dausa vide his judgment and order dated 31. 07. 2009, whereby the matter has been remanded back for recording findings after providing opportunity of hearing to the parties.