hearing to the parties; learned Civil Judge has dismissed the suit and decreed counter claim of the appeuant which was setting aeide by the appellate Caurt in the gudgment & decree impugned, l have heard iearned counsei far the parties and perused the judgment & decree impugned. Learned counsei for the appellant eubmits that the Civil Judge Class-ll has rightly decreed counter claim and has rejected the suit: Learned counsel also submits that a suit in the present form is not maintainable under the provisions of Section 165(6) read with Section 170 of the Chhattisgarh Land Revenue Code. Learned counsel for respondent No.1 submits that originally a suit was tiled on behalf cf respondent No.1 for specific performance but no issue on the basis of land was framed and learned Civil Judge Class-ll has not been decided any issue on the basis of ground placed by the plaintiff. From perusal of the judgment & decree passed by the First Givil Judge Class-ll, Jagdalpur it reveals that only three issues have been framed which are only on the basis of counter claim and no issue has been framed by the Civil _ Judge on the basis of pleading of the plaintiff. The trial Court has not dismissed the suit on the basis of any preliminary issue or under Order 7 Rule 11 (d) of the Code of Civil Procedure. The Court below was under obligation to frame issue on the basis of substantial. pleading of the parties. The Courts are under obligation to frame the issues on the basis of averment of the plaint and counter claim but Civil Judge Class-ll has not framed any issue on the basis of plaint and even the Civil Judge Class—ll has not considered the pleading and evidence of the plaintifflrespondent No.1 , After appreciating the material available on record, the learned appellate Court has remanded the case with a direction to decide the case on the basis of substantial issue. Learned appellate Court has not committed any illegality in remanding the case to the trial Court. l do not find any substance in the appeal, same is liable to be dismissed <~ and it is hereby dismissed. However, the present appellantidefendant is at liberty j to raise grounds for maintainability of the suit on the ground of provisions of Section 165(6) read with $ection 170 of the Chhattisgarh Land Revenue Code and tile suitable application for dismissal of suit under Order 7 Rule 11 (d) of the Code t i of Civil Procedure. No order as to cost. M.C.P.No.156l2004 stands disposed of. Sd/— i ’T.P. Sharma 4 a Judge BI- I