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Judgment
P.S.Teji, J
1) Aggrieved by the judgment and decree dated 25 August 2006, passed by the learned Additional District Judge, vide which the suit of the
plaintiff/appellant was dismissed, the appellant has preferred the instant appeal.
2) At the outset, counsel for the appellant has submitted that vide order dated 4th February 2004 the following issues were framed by the learned trial
court:
“1. Whether the plaintiff is the proprietor of M/s. General Engineering Works? OPP
Whether the plaint is signed and verified and the suit is instituted by duly authorised person? OPP
Whether the defendant maintained a mutual open and current account with the plaintiff ? OPP
Whether the suit is within the period of limitation? OPP
Whether there was any valid acknowledgement as alleged by the plaintiff ? OPP
Whether this court has no territorial jurisdiction as alleged in the WS? OPD
Whether the plaintiff is entitled to any interest, if so at what rate and to what amount? OPP
To what amount, if any, is the plaintiff entitled? OPP.
Relief.â€
3) The learned trial court at the time of final adjudication has dealt with only Issue No.1 and 2. Apart from these two issues, there were other issues
such as; Limitation, acknowledgment, territorial jurisdiction, entitlement of the plaintiff with regard to amount sought to be recovered, interest thereon
and relief.
4) The argument advanced by learned counsel for the appellant is that the trial court has not delivered any finding on the issues which is mandatory in
nature as even if the Issue No.1 and 2 are decided against the appellant, still there are vital issues on which the finding has not been determined.
5) In the facts and circumstances of the case, this court agrees with the arguments advanced by counsel for the appellant. Accordingly, the present
appeal filed by the appellant is disposed of thereby remanding the matter back to the learned District Judge (East). The learned District Judge shall try
the matter himself and decide the issue Nos. 3 to 9 or shall assign the same to some other competent court for decision.
6) Appellant is directed to appear before the learned District Judge on 28th November 2017 for further directions.
7) The trial court record be sent back alongwith order passed in this appeal.
8) It is made clear that the order passed in the present appeal would not debar the appellant to file a fresh appeal against the decision of the trial court.
9) With aforesaid directions, the appeal stands disposed of as such.