NIRMAL YADAV,J - (1.) THE present appeal is directed against the judgment and order dated 30.1.1999 passed by Additional District Judge, Sangrur vide which the judgment and decree passed by Sub Judge Ist Class, Sunam dated 16.1.1988 has been set aside and suit is remanded to the trial Court for fresh decision within 3 months from the date of receipt of the record.
(2.) THE brief facts of the case are that appellant-plaintiff filed a suit for rendition of accounts in respect and liabilities of the firm in the name and style of M/s. Jia Lal Baldev Krishan Cheema for the period commencing from 1.4.1982 till the date of filing of the suit. The plaintiff and defendants No. 2 and 3 were the partners of defendant No. 1-firm. The firm was dealing in food grains and Bardana as Commission Agent. The defendants-respondents were running the business of the firm and also operating the bank account. The firm stopped working after 31.3.1983 but even then the accounts were not rendered in spite of several requests made by the plaintiff. Accordingly, the suit was filed. The suit was contested by the defendants stating that no firm was constituted with the plaintiff as partner. The appellant-plaintiff never invested any amount in their partnership. Jia Lal, defendant, conducted the business of the firm as sole proprietor, therefore, the plaintiff has no cause of action. It was pleas that the suit is collusive between Jarnail Singh and husband of the plaintiff. Defendant No. 3-Baldev Krishan filed separate written statement admitting the factual position being correct. The trial Court after taking into consideration the facts and evidence on record passed a preliminary decree for rendition of accounts with respect to assets, liabilities and other accounts of the firm with effect from 1.1.1982 till the date of institution of suit i.e. 9.5.1986.
(3.) DEFENDANT No. 1 firm and Jia Lal, defendant No. 2 challenged the decree mainly on the ground that plaintiff had got the plaint amended seeking dissolution of partnership firm. However, neither any issue in this respect was settled nor any evidence was recorded, therefore, it was pleaded that evidence be recorded by the Ist Appellate Court. The Ist appellate Court while allowing amendment, observed that in case evidence is recorded at the appellate stage, the losing party would be deprived of right of first appeal, therefore, it is a fit case where suit be remanded for fresh decision after framing proper issues. Accordingly, the judgment under appeal was set aside.;