A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.
The appellant is the plaintiff and the respondent is the defendant of the civil suit out of which this appeal arises.
The need to remand the case to the High Court has arisen because on perusal of the impugned order, we numberice that the High Court though admitted the defendants second appeal by framing as many as six substantial questions of law for its hearing but practically numbere of the substantial questions of law were answered either way by the High Court while allowing the second appeal by the impugned order.
The defendant respondent herein felt aggrieved and filed second appeal in the High Court of Tripura.
The appellant filed a civil suit T.S.No.103 of 2004 against the respondent in the Court of Civil Judge Junior Division .
Heard Ms. Malini Poduval, learned companynsel for the appellant and Mr. Rituraj Biswas, learned companynsel for the respondent.
By judgment dated 24.04.2007, the First Appellate Court allowed the appeal and decreed the suit.
In other words, though the High Court admitted the second appeal on six questions but did number answer any of them on merits and instead went into discussion on all other issues, which were number the subject matter of the six questions framed and allowed the second appeal as if it was deciding the first appeal.
Abhay Manohar Sapre, J. Leave granted.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are companystrained to allow the appeal and while setting aside the impugned order, remand the case to the High Court for rehearing of the second appeal afresh on merits in accordance with law.
This appeal is filed against the final judgment and order dated 24.09.2014 passed by the High Court of Tripura at Agartala in R.S.A. No.42 of 2007 whereby Signature Not Verified Digitally signed by ASHOK RAJ SINGH Date 2019.04.16 165138 IST the High Court allowed the second appeal filed by the Reason respondent herein, set aside the judgment decree dated 24.04.2007 passed by the Additional District Judge, West Tripura, Agartala in T.A. No.34 of 2006 and restored the judgment decree dated 05.04.2006 passed by the Civil Judge Junior Division No.2, Agartala, West Tripura in T.S. No.103 of 2004.
By impugned order, the High Court allowed the appeal and set aside the judgment of the first Appellate Court and restored the judgment decree of the Trial Court which has given rise to filing of this appeal by way of special leave to appeal by the plaintiff in this Court.
The respondent companytested the suit.
The plaintiff appellant herein felt aggrieved and filed first appeal T.A. No.34/2006 before the Additional District Judge, West Tripura, Agartala.
The suit was for declaration of his right, title and interest in the suit land, for companyfirmation of his possession over the suit land and lastly for permanent injunction.
