Judgment

Mrs. Archana Puri, J.

Challenge in the present revision petition is to the order dated 11.10.2022 passed by learned Civil Judge (Jr. Divn.), whereby, an application filed by the petitioners under Order 22 Rule 10 read with Section 151 CPC, has been dismissed.

2. The material facts, as culled out from the paper-book are that, initially, respondents No.1 and 2 (who are plaintiffs before the lower Court) had filed a suit for seeking relief of separate possession of half share through partition by metes and bounds, in respect of shop consisting of two ‘khans’ bearing No.21, Ward No.XV, as detailed in paragraph 1 of judgment, copy whereof is Annexure P-1.

3. As evident from the judgment dated 22.05.2018 (Annexure P- 1), the said suit was dismissed. Respondents No.1 and 2 (plaintiff) had filed an appeal. Vide order dated 16.12.2021, the judgment and decree dated 22.05.2018 was set aside and the case was remanded back to the lower court, with the direction to take additional evidence of the plaintiff, as permitted by the Court and also to afford an opportunity, to the defendant, to rebut the additional evidence and learned lower Court was further directed to record/return its find