Full Text
FAQ 302/2016
ANSFIUMALEE SOOD THROUGH:ERS Appellant
Through: Ms.Anita Sahani,Advocate.
Through: Mr.Yogendra Kumar,Advocate.
TRIEOK SINGH SOOD(DECEASED)THR LRS Appellant
Through: Ms.Anita Sahani,Advocate.
Through: Mr.Yogendra Kumar,Advocate.
26.10.2016
ORDER
1. These two appeals are directed against common impugned order of 25"' February, 2016 vide which first appellate court has directed framing oftwo additional issues.
2. Learned counsel for the parties submit that two additional issues qua mesne profits are notrequired to be framed and tried and FAO Nos.302-303/2016 Page I of[2] 2016:DHC:8544 J the first appellate court ought to be directed to decide the two appeals filed by both sides afresh on the basis ofthe evidence on record in the light ofthe submissionsto be made afresh.
3. In view ofthe stand taken as aforesaid,impugned order in these appeals is set aside and both the appeals are disposed ofwith direction to first appellate court to re-decide the two appeals based on evidence already led by the parties and in light ofthe submissions now to be advanced by the respective sides. It needs no clarification that no fresh issues are required to be framed or decided.
4. To facilitate an early disposal of the appeals by the first appellate court,let the parties through their counsel appear before the first appellate court on 15 November,2016. Dastito both sides.
SUNIL GAUR,J. OCTOBER 26,2016 'AA'