Mahinder Narain, J.— We find that the judgment and decree which has been passed by the Court below is not justifiable in the facts and circumstances of the case inasmuch as issues in the matter have been framed and the plaintiff had completed the evidence which was to be led. It is at this stage that an application was filed under Order XII Rule 6, CPC, for decreeing the suit on the basis of the alleged admissions in the written statement.
2. Where evidence has started after parties are at issue and issues framed by the Court, it is necessary to go through the entire trial before pronouncing the judgment. The judgment and decree of the Court below is set aside and the matter is remanded for purposes of trial to the Court below. The trial shall commence from the stage where the matter was at the time of passing of impugned judgment and decree on the basis of an application under Order XII Rule 6, CPC.
3. Parties are directed to appear before the Trial Court concerted on 20th January, 1997.
Appeal allowed.