Short Note : In view of the joinder of Partiwa as a party to the suit, it has become necessary that the suit should be tried afresh giving due opportunity to Partiwa to participate in the trial. It is common ground that the proper course to adopt in such a situation is to set aside the judgments and decrees of the two Courts below and to send back the case to the trial Court for a fresh trial and decision in accordance with law, after giving the requisite opportunity to partiwa to participate in the trial, including filing of a written statement. Appeal allowed.