Ajit Singh @ Ranjit Singh v. Jagraj Singh

112+329

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH SAO No.35 of 2015 (O&M) DATE OF DECISION : 17.01.2023 Ajit Singh @ Ranjit Singh .....Appellant versus Jagraj Singh .....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Ashok Singla, Advocate for the appellant Mr. S.S. Salar, Advocate for the respondent ..

ALKA SARIN, J. (Oral):

The present appeal has been preferred against the order dated 07.03.2015 whereby the First Appellate Court, without reversing the findings returned by the Trial Court, has remanded the matter for a decision afresh after framing an additional issue.

Learned counsel for the appellant has relied upon a judgment of this Court in Hasham & Ors. vs. Jhangi Ram [2005 (1) RCR (Civil) 536] to buttress his argument that without reversing the findings recorded by the Trial Court the matter could not have been remanded. Per contra, learned counsel for the respondent has stated that the Trial Court had culled out points of law to be decided and one of the points to be decided was whether the suit property was the ancestral joint Hindu family co-parcenary property of Balbir Singh, plaintiff and the defendant. Therefore, the First Appellate Court could not be faulted with for PARKASH CHAND 2023.01.18 15:31 I attest to the accuracy and authenticity of this order/judgment.

SAO No.35 of 2015 -2remanding the matter after framing a specific issue qua the nature of the property.

Heard.

In the present case the First Appellate Court, without reversing the judgment and decree passed by the Trial Court, has in a routine manner remanded the case back to the Trial Court after framing an additional issue. The Trial Court had culled out two material points to be determined one of them being "Whether the suit property is the ancestral Joint Hindu Family coparcenary property of Balbir Singh, plaintiff and defendant?" The Appellate Court while remanding the matter has not even returned a finding that any additional evidence is required. In the absence of such a finding the remand itself cannot be sustained.

Consequently, the present appeal is accepted. The impugned order dated 07.03.2015 is set aside. The matter shall be reconsidered by the First Appellate Court in accordance with law. The parties through their counsel shall appear before the Court concerned on 01.02.2023. Pending applications, if any, also stand disposed off. 17.01.2023 (ALKA SARIN) parkash JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO PARKASH CHAND 2023.01.18 15:31 I attest to the accuracy and authenticity of this order/judgment.