- (1.) WITH the consent of the parties, the matter has been heard finally.
(2.) THIS appeal under Order XLIII, Rule 1(u) CPC has been filed by the defendants aggrieved by the judgment and decree dated 19.11.2011 passed by Additional District Judge, Bhinmal, District Jalore, whereby the first appeal filed by the plaintiff against the judgment and decree dated 26.5.2010 passed by the Civil Judge (Sr.Div.), Bhinmal has been set-aside and the matter has been remanded back to the trial court for re-deciding the suit on merits. The facts in brief are that the defendants filed a suit for specific performance regarding land comprised in Araji Khasara No.137 & 237 ad measuring in all 45 Bighas 10 Biswa, which was resisted by the defendants and the learned trial court after framing issues and evidence having been led by the parties dismissed the suit filed by the plaintiff.
(3.) AGGRIEVED by the judgment and decree dated 26.5.2010, regular first appeal was filed under Section 96 CPC. The defendants filed cross-objections under Order XLI, Rule 22 CPC regarding finding on Issues No.6, 7 & 8 and partly against the Issue No.4. The learned First Appellate Court after hearing the parties came to the conclusion that the findings on Issues No.1, 2, 3 & 9 were required to be set-aside and it was of the further opinion that one additional issue 'In case the plaintiff is not found entitled for specific performance, to what relief he is entitled?' was also framed.;