LAWS(ALL)-1997-5-232

BADRI BISHAL Vs. STATE OF U.P.

Decided On May 24, 1997
Badri Bishal Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The facts are : Badri Bishal Institutes a law-suit under Sec. 229-B, Z. A. and L. R. Act in the Court of Assistant Collector, First Class, Fatehpur. The facts comprising a claim to suit land as a Bhumidhar tenant in possession with defendant 1 to 10 is put forth in the pleading. On 30-4-1971 the suit of plaintiff is partly decreed. Aggrieved by the order State of U. P. files an appeal, On 27-9-1986 Additional Commissioner has allowed the appeal : the judgment and decree of trial Court is set aside. The case is remitted to trial Court for re-disposal on merits in the light of observations.

(2.) Heard the Counsel for the appellant; the record has been perused.

(3.) The trial Court has decided the pase on merits according to it's perception. If the trial Court fails and falters the solemn obligation of appellate judge is to perfect, to improve, to alter when necessary but always to go forward. Additional Commissioner has remanded the case on two grounds. That an issue regarding death should have been separately framed to enable the parties to adduce evidence and record categorical finding. I am afraid this is not enough for remand of entire case. Even non-framing of issues is not consequential if parties are not misled by the omission. The second ground is that Surja Ram and others were impleaded but not given an opportunity to lead evidence in support of their case. Well, they have not pleaded for their own cause in the trial Court through an application. It is unclear what further evidence they would seek to give. Sec. 107(2), C. P. C. is in point.