SHETU RAM Vs. ROOP LAL

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Order 43 Rule1(u) C.P.C. against the order passed by the learned District Judge, Kinnaur Division at Rampur, dated 13.1.2005, vide which the appeal filed by the appellant against the judgment and decree of the Court of learned Civil Judge (Junior Division), Anni, was allowed to this extent that the application for amendment filed by the defendants/respondents was allowed and the case was remanded to the learned Civil Judge for deciding the case afresh after allowing amendment.

(2.) BRIEFLY stated, the facts relevant for present discussion are that the appellant alongwith Smt. Lachhi, filed a suit for declaration and injunction alleging that they had been in possession of the suit land since 17.8.1956 as mortgagees and on account of the failure of the defendants to pay the mortgage debt or to redeem the mortgage within the period, the right of resumption of mortgage has been foreclosed and the plaintiffs have become owners in possession of the suit land.

(3.) I have heard the learned counsel for the parties and have gone through the record of the case.