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2018 Supreme(HP) 2293

SURESHWAR THAKUR
Col. Surender Singh Multani (Retd. ) – Appellant
Versus
Vaneeta Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Neeraj Gupta, Advocate.
For the Respondents:Mr. N.K. Bhalla and Mr. Dalip K. Sharma, Advocate.

JUDGMENT :

Sureshwar Thakur, J.

The instant appeal, is, directed against the verdict rendered by the learned District Judge (Forest), Shimla, upon, Civil Appeal RBT No. 23-S/13 of 2017/14 on 21.03.2018, where through, he proceeded to after striking, the hereinafter ad verbatim extracted issues No. 1(a) and 7-A, hence make an order of remand, upon, the learned trial Court, (a) upon, his invoking, the, mandate of Order 41, Rule 23-A of the CPC, (b) AND with a peremptory direction, upon, it to render a decision afresh, upon, civil suit No. 14-1 of 2014/1985, (c) given his concluding qua infraction, vis-a-vis, mandate of Order 20, Rule 5 of the CPC, rather standing apparently sparked:-

"Issue No. 1(a):

Whether the value of the property in question was Rs.20 lacs at the time parties enter into an agreement for its sale. If so, what is its effect on the enforcement of the said agreement?.....OPD

Issue No.7-A

Whether the suit is bad for misjoinder of parties, i.e. plaintiff NO.2, who has been joined with mala fide intention? OPD.”

2. In the plaintiffs' suit for rendition of a decree for specific performance of contract/ agreement hence executed on 26.03.1982, and, on the pleadings of the parties

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