Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 96 & O.XLIII, R.1(4)---First appeal---Appellate Court below after framing additional issues, set aside and decree of Trial Court and remanded case to be decided afresh after giving opportunity to parties to lead evidence on such additional issues---Order of Appellate Court was challenged in first appeal before High Court---With consent of parties order of Appellate Court below to the extent of setting aside and decree of Trial Court, was set aside by High Court with directions that appeal would continue to remain pending before Appellate Court below and Trial Court after taking additional evidence in proof and disproof of additional issues would return evidence to Appellate Court together with its findings thereon and reasons therefor. JUDGMENT On 28-10-1978, Yousaf appellant filed a suit for declaration that he was owner in possession of the disputed house, against Sodagar, respondent, in the Court of Senior Civil Judge, Sargodha. As a consequential relief, he prayed that the defendants be restrained from interfering with his possession of the disputed house. He averred in the plaint that he was in possession of the disputed house for the last 15/16 years; and he constructed the house in dispute on the vacant plot by spending 5,000/6,000 rupees and the defendants was bent upon taking possession of the house forcibly. The suit was resisted. The trial Court framed 7 issues. The parties led the evidence. The trial Court decreed the suit on 16-5-1983. Feeling aggrieved thereby, Sodagar defendant filed appeal before the learned District Judge,…

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