JANWAT RAJ Vs. DEV KUMAR

JUDGEMENT

(1.) HEARD the learned Counsels for the parties.

(2.) THIS appeal under Order 43 Rule 1 of the Civil Procedure Code is directed against the judgment and decree dated 10th April, 96 passed by the learned Additional District Judge, Sojat (camp Jaitaran) in appeal against decree No. 20/95 Dev Kumar v. Janwat Raj. By the impugned judgment and decree, the learned Additional District Judge, Sojat remanded the case to the trial court with the direction that the defendant be given opportunity to lead his evidence on issues Nos. 1, 2, 3, 5, 6, 7, 8, 10, 11 and 12.

(3.) CIVIL Appeal Decree No. 20/95 was filed against the judgment and decree dated 3rd June, 95 passed by the learned Civil Judge (Sr. Division), Jaitaran. The appeal was disposed of by the learned Additional District Judge, Sojat (Camp at Jaitaran) by judgment dated 10th April, 96. It appears that it was contended before the learned Additional District Judge that the effect of striking out of the defence of the tenant was not to prevent the tenant from producing evidence on issues, which did not relate to his eviction. The learned Additional District Judge observed that the tenant had disputed the rate of rent and the right of the plaintiff to file the suit for eviction was also challenged and the defendant had been denied an opportunity to produce the evidence. The learned Additional District Judge, therefore, set aside the judgment and decree passed by the trial court and remanded the case to the court of learned Civil Judge (Sr. Division), Jaitaran. It is against the judgment and decree passed by the learned Additional District Judge, Jaitaran, this appeal has been filed.