Civil Revision No.5408 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5408 of 2009 Date of decision : 13.1.2010 Dr. Ved Parkash Sharma ....Petitioner Versus Suresh Kumar Sharma and others ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. H.S.Giani, Advocate for the petitioner. Mr. R.K.Gupta, Advocate for the respondents No.1 and 2 S. D. ANAND, J. The challenge herein, at the hands of the petitioner is to order dated 24.8.2009 vide which the learned First Appellate Court directed the Trial Court to submit its report on the issues which had been framed by it on 27.4.2000. It is apparent from the impugned order itself, and is common ground even otherwise, that the Trial Court had initially framed issues on the pleadings of the parties on 6.12.1997. Pursuant to certain amendment of pleadings, the issues came to be reframed on 27.4.2000. As it is, a number of issues framed on 6.12.1997 came to be deleted; while some issues arising out of the amendment came to be framed. However, by inadvertence or otherwise, the learned Trial Court disposed of the suit by recording finding on issues framed on 6.12.1997. The Trial Court did not, at all, record any findings on the issues framed on 27.4.2000. On the above facts being brought to the notice, the learned Ist Appellate Court Civil Revision No.5408 of 2009 -2- **** directed the Trial Court “to submit its report on the issues framed on 27.4.2000 after hearing the parties.” I find myself in agreement with the plea raised by learned counsel appearing on behalf of the petitioner to the effect that the impugned order deserves to be invalidated for the simple reason that finding recording by the learned Trial Judge were in respect of the issues framed on 6.12.1997 which (issues) had ceased to exist, for purposes of adjudication and had been substituted by the fresh issues which came to be framed on 27.4.2000. In the light of foregoing discussion, the petition shall stand allowed. The impugned order dated 24.8.2009 is ordered to be set aside. The learned Trial Court shall decide the suit afresh in relate-ability to the issues framed on 27.4.2000. Disposed of accordingly. January 13,2010 (S. D. ANAND) Pka JUDGE