RSA No.167 of 2007. 25.6.2008. Present: Mr.Vikas Bhardwaj, counsel for the appellants. Mr.Dushyant Dadwal, counsel for respondents No.1 to 4. Mr.K.B. Khajuria, counsel for respondents No.5 and 6. CMP No.288 of 2007: Learned counsel for the applicants does not press the present application at this stage. Therefore, the same is dismissed as not pressed. However, the applicants are at liberty to file fresh application under Order 39 Rules 1 and 2 CPC. The application stands disposed of accordingly. RSA No.167 of 2007: Heard on admission. During the course of arguments, the learned counsel for the appellants has submitted that though the issues were framed by the learned trial Court , numbering 1 to 15, but the learned trial Court gave its findings on the question of jurisdiction only under issue No.7 and accordingly dismissed the suit. It was further submitted that no findings were recorded on the remaining issues though these were framed and evidence was also led on the other issues. These findings were affirmed by the learned First Appellate Court on appeal. The learned counsel for the appellants has drawn my attention to a Full Bench decision of this Court in Prithvi Raj Jhingta and Anr. Vs. Gopal Singh and Anr., 2006 (Suppl.) Cur.L.J.(H.P.) 29. In that case the Full Bench of this Court had considered the question and had observed that where all issues have been framed together and have also been taken up for adjudication during the course of trial, these must be decided together -2- RSA No.167 of 2007. and the judgment in the suit, as a whole, must be pronounced by the court covering all the issues framed in the suit. It is, therefore, clear from the above discussion that in view of the law laid down by this Court, all the issues are required to be discussed together and the learned trial Court was not right in deciding the issue in regard to jurisdiction only, which is a mixed question of law and facts and has to be decided on the basis of the facts/evidence produced in the case. Therefore, the appeal filed by the appellants is accepted and the and the judgments passed by the courts below are set aside. The case is remanded back to the learned trial Court, who shall hear the parties afresh and give an opportunity to the parties to lead evidence, if not already given, and shall proceed with the trial of the case accordingly. Needless to say that the case is an old one, therefore, the learned trial Court shall decide the case within six months from the date of first hearing. The parties are directed to appear before the learned trial Court on 21st July, 2008. The appeal filed by the appellants stands disposed of accordingly. June 25, 2008. (V.K. Ahuja), (TILAK) Judge.