(O&M) Amrik Singh v. Smt Santokh Kaur And ORS

SAO No. 68 of 2004 -1206 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

SAO No. 68 of 2004 (O&M) Date of Decision: April 29, 2019 Amrik Singh ..........APPELLANT

VERSUS

Smt. Santokh Kaur and others ........RESPONDENTS CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. S.S. Swaich, Advocate for the appellant.

Mr. R.S. Bajaj, Advocate for the respondents.

***** SURINDER GUPTA, J.(Oral) Heard.

With the consent of learned counsel for the parties, the order passed by the Ist Appellate Court is modified as follows:- (i) The Ist Appellate Court will frame additional issues as per the amendment allowed, after taking written statement/replication, as required;

(ii) On framing of additional issues, the file of trial Court be sent back with a direction to the trial Court to record evidence of the parties on the additional issues, record findings and sent its report to the Ist Appellate Court; (iii) On receipt of report of the trial Court, the Ist Appellate Court will take the objections, if any filed by either party JYOTI 2019.05.01 12:04 I attest to the accuracy and authenticity of this document to that report; and

SAO No. 68 of 2004 -2- (iv) The Ist Appellate Court will then proceed to decide the appeal on merits and record its findings on the issues/additional issues framed by the trial Court as well as by the Ist Appellate Court.

The parties are directed to appear before the Ist Appellate Court/Successor Court on 29.05.2019, on which date, file of Civil Appeal No. 71 of 08.05.2002 decided on 26.08.2004 shall be taken on Board and proceed further as per the above observations. Disposed of.

( SURINDER GUPTA ) April 29, 2019.

JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI 2019.05.01 12:04 I attest to the accuracy and authenticity of this document