ANIL KSHETARPAL, J.

1. This appeal has been filed by the defendant challenging the order passed by the First Appellate Court.

2. The First Appellate Court has remanded the case back to the trial Court for deciding it afresh only on the ground that the plaintiff was required to be given an opportunity to appear and face cross-examination.

3. The plaintiff filed a suit for possession by way of specific performance of the agreement to sell. The trial court dismissed the suit. The First Appellate Court found that the plaintiff entered the witness box and tendered his affidavit in lieu of the examination-in-chief on 23.07.2014. Thereafter, the hearing of the case was adjourned for cross-examination of the plaintiff. However, due to the oversight the learned counsel representing the plaintiff closed the plaintiff's evidence without permitting the defendant to cross-examine the plaintiff. Thus, the First Appellate Court formed an opinion that the plaintiff was required to be given an opportunity to appear and face cross-examination. Thus, the First Appellate Court chose to remand the case back to the trial Court for deciding it afresh.

4. The correctness of the aforesaid order has been challe