CMPMO No.359 of 2008. 09.04.2009 Present: Mr.Bhupender Gupta, Senior Advocate with Mr.Neeraj Gupta, Advocate, for the petitioners. Mr.G.D. Verma, Senior Advocate with Mr.B.C. Verma, Advocate, for the respondent. This petition has been preferred by the plaintiff against the order in appeal passed by the learned Additional District Judge, Fast Track Court, Solan, reversing the order passed by the learned Civil Judge (Senior Division), Solan, in an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure granting interim relief to the plaintiff. The entire facts need not be considered in detail as I find that, in the interim order, the appellant Court has decided the question as to whether the time was the essence of the contract on in a summary manner. This course of action was not open to the appellate Court as issue No.11 settled in the suit reads:- “11. Whether the time was the essence of the agreement as alleged? OPD. Surely, the findings on this aspect had to be arrived at after the parties had led evidence. It could not be concluded in a cursory manner in proceedings under Order 39 Rule 1 and 2. The order is accordingly quashed and set aside. The case is remanded for decision afresh in accordance with law. Parties to appear before the learned District Judge, Solan, on 27th April, 2009, who will thereafter assign the case to the competent Court for decision in accordance with law. All miscellaneous applications are disposed of. All interim orders are vacated. April 9, 2009 (Dev Darshan Sud) (aks) Judge.