No. of Order Date of., " Order Order with Signature Office Note as to action (if any) taken on Order 20. 125.03.200 Present : Ms. Laxmi Chakraborty, learned Counsel assisted by Ms. Manju Rai, learned Counsel for the Appellant. Ms. Jyoti Kharga, learned Counsel appearing on behalf of Mr. N. Rai, learned Counsel for the Respondent. This is an appeal filed by Ram Kumar Goyel under Sec. 96(2) CPC against the ex parte decree' dated 05.12.2003 passed by the learned District Judge, Special Division - 11, Sikkim at 6angtok in Civil Suit No. 07 of 2002. 2. Heard learned counsel for the parties. 3. The main ground taken in the Appeal is that the learned trial Court failed to deal with three of seven issues framed in the suit, while disposing of the suit ex parte vide impugned order. The three issues thus left out of consideration relate to bar of limitation, non- compliance with the provisions of Order 11 Rule 2 C.P.C. by the Respondent in his pleadings and non- compliance with the provisions of Order XIV Rule 2 C.P.C. by the learned trial Court. The fact that the above issues were left out of consideration by the learned trial Court while disposing of the matter ex parte is borne out by record. The reasons given by the, Order with Signature Office Note as to action (if .any) taken on Order learned trral`Court in paragraph 6 Lof the impugned judgment reads as follows :- "ISSUE NO.1, 2 and 3 6. The defendants having been proceeded ex parte these issues did not cropupduringlrial." 4. In the course of hearing, Ms. Jyoti Kharga, learned Counsel appearing on behalf of Mr. N. Rai, learned Counsel for the Respondent, in all fairness, conceded that Or. XIV Rule 2 mandates the Court to pronounce I.udgment on all issues subject to provisions of sub-rule (2) and submitted that the Respondent will have no objection if the matter is remanded back to the learned trial Court for rehearing the matter according to.law. 5. Accordingly, this appeal is allowed. The impugnec] order dated 05.12.2003 passed in Civil Suit No.7 of 2002 is hereby set aside and the matter is remanded with direction to the learned trial Court for rehearing the matter according to law. 6. Since the appealisan old one pertaining to the year 2003, the learned trial Court is directed to dispose of the matter as expeditiously as possible preferably within 6 (six) months from the date o{ this order. 1' ff=. Serial Date, Order with Signature Office Note as to No. of of action (if any) Order Order taken on Order or 7. Parties are directed to appear before the .I.„ i. ....a-.-LJ=, ` I.- C`:.€tcut-O`',If*Ii!, learned trial Court on J7.04.2008. Records of the lower Court be sent back forthwith. 1 ( I I ( Jogfi6e A. P. Subba ) 1 JUDGE