JUDGMENT : 1. We are of the view that the Additional District Judge, Karnal was in error in holding that issue no. I did not arise on the pleadings and should not therefore have been decided by the trial Judge. Whatever may have been the state of the pleadings, once the issue was raised and parties led evidence upon it and the learned trial Judge gave a finding in regard to it, the learned Additional District Judge hearing the appeal should have decided the issue on the evidence recorded in the case and not struck off the issue and on that basis non-suited the plaintiff. We would, therefore, set aside the order of the High Court as also the judgment of the learned Additional District Judge in appeal and send the matter back to the District Court, Karnal so that the District Court may hear the appeal afresh and decide all the issues raised in the case including issue No. 1 on the basis of the entire evidence led in the case. Since the case is an old one, the District Court will dispose of the appeal at a very early date. This order shall not be construed as expressing any opinion upon the merits of the case.