SAO No. 33 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SAO No. 33 of 2010 (O&M) Date of decision: November 30, 2010 Randhir Singh ...Appellant Versus Zora Singh and others ...Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Liaqat Ali, Advocate, for the appellant. GURDEV SINGH, J. This second appeal has been preferred by appellant/defendant No.2-Randhir Singh against the order dated 18.12.2009 passed by the Additional District Judge, Ludhiana, vide which he accepted the first appeal preferred by respondents/plaintiffs against the judgment and decree dated 9.6.2007 passed by the Civil Judge (Junior Division), Ludhiana, dismissing their suit and directed the trial court for recording a finding on additional issue No. 5A, framed in the first appeal, and then to decide the suit afresh. I have heard learned counsel for the appellant. It is not the case of the appellant that the additional issue so framed by the first appellate court does not arise from the pleadings of the parties. His only contention is that when the suit could not have been decided independently of the decision of that issue, the trial court should not have been asked to decide the suit afresh after recording the finding on the additional issue. SAO No. 33 of 2010 2 It is very much clear from the judgment of the first appellate court that the findings of the trial court on the other issues have not been upset. It has been required to decide the suit afresh after recording the finding on issue No.5A. When the findings on other issues were not upset, the first appellate court was only to ask for the report of the trial court on the newly framed additional issue and should not have remanded back the suit to the trial court for deciding the same afresh. It cannot be said that the respondents are going to be prejudiced in case the judgment of the first appellate court is modified to that effect and, as such, the appeal is being decided without issuing notice to them. The judgment of the first appellate court is modified to the effect that the trial court shall submit its report on additional issue No. 5A within four months of the receipt of copy of this order and then the first appellate court is to decide the appeal on merits. This appeal is disposed of accordingly. November 30, 2010 (GURDEV SINGH ) prem JUDGE