J.V. Gupta, J. - (1.) THIS order will dispose of S. A. O. Nos. 8 and 11 of 1979, as both of them arise out of the same order
(2.) S .A O No. 8 of 1979 has been filed by the Plaintiff appellant against the order of the Additional District Judge, Hissar, dated 22nd January, 1979, whereby be set aside the decree of the trial Court decreeing the suit of the Plaintiff and remanded the case for retrial. Shrimati Dhapan, Plaintiff Appellant filed a suit No. 150(sic) of 1976 on 7th April, 1976(sic) which was decreed on 6th February, 1978. Another suit No. 165 of 976 was filed by the Respondents Vijay Singh etc , on 15th April, 1976. which was dismissed on 30th November, 1977. It is the admitted case that the suit land and the controversy is practically the same in both the suits. Since the suit filed by Shmt. Dhapan was decreed and the other suit was dismissed, Vijay Singh and others, filed two separate appeals in the Court of the Additional District Judge, Hissar. Both the appeals were heard together and afte' hearing the learned Counsel for the parties, the lower appellate Court set aside the decree in both the suits and remanded the same to the trial Court in terms of Order of Rule 23 -A of the Code of Civil Procedure, with the directions that in the suit filed by Shmt Dhapan against vijay Singh and others, the issues as recast would be decided afresh after giving due opportunity to the parties to adduce fresh evidence. Now Shmt. Dhapan has filed these two appeals aga nst the said orders of the learned Additional District Judge, in this Court.
(3.) THE learned Counsel for the Appellant has vehemently argued that under no circumstances the learned Additional District Judge could set aside the decree passed in favour of the Appellant by the trial Court. At the most, he could send for a report from the trial Court on the additional issues framed by the lower appellate Court. Though, according to the learned Counsel it was also not necessary, in the circumstances of the case, as all the evidence was already on the record and there was no question of any additional issues to be framed in the case In any case, he maintained that the decree in the suit filed by Vijay Singh etc., could not be set aside under any circumstances;