IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Order:07.02.2025 Veer Singh and others .Appellants Versus Sikander Singh ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Ravish Bansal, Advocate Ms. Liza Bansal, Advocate for the appellants.

Mr. I.S.Brar, Advocate for the respondent.

ANIL KSHETARPAL, JUDGE (Oral)

1. This second appeal against the First Appellate Court's order remitting the matter back to the trial court has been filed by the defendants. The suit for possession of agricultural land measuring 3 kanals and 8 marlas was filed by the plaintiff which was dismissed.

2. Before the pendency of the first appeal, an application under Order XXVI Rule 9 CPC was filed by the plaintiff. The First Appellate Court found that the previous demarcation of the property was not in accordance with instructions issued by the Financial Commissioner. Thus, the court found that the fresh Local Commissioner is required to be appointed. Only on this basis, the First Appellate Court remitted the matter back to the trial court.

3. The enabling power of the Appellate Court to remit the matter back to the lower Court is regulated and controlled by Order 41 Rule 23 and

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