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High Court of Punjab and HaryanaRSA/4947/2013disposed of

Karnail Singh And ANR v. Paramjit Singh

2015-02-02Mr. Justice Arun Monga2 pages

RSA No.4947 of 2013 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA No.4947 of 2013 (O&M) Date of decision: 02.02.2015 Karnail Singhn(deceased) through LR & another ... Appellants Vs.

Paramjit Singh ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. S.D.Sharma, Senior Advocate with Ms. Bindu Goel, Advocate for the appellants.

Mr. Amarjit Markan, Advocate for the respondent.

AMIT RAWAL J (ORAL) C.M.No.984-C-2015 Learned counsel for the appellants seeks permission of this Court to withdraw the present application. Dismissed as withdrawn.

C.M.No.1033-C-2015 Learned counsel for the applicant-appellants does not wish to press the present application.

Dismissed as withdrawn.

RSA No.4947 of 2013 (O&M) After arguing for some time, learned counsel for the SAVITA DEVI KADIAN 2015.02.10 11:05 I attest to the accuracy and authenticity of this document High Court Chandigarh

RSA No.4947 of 2013 (O&M) parties are ad idem that the judgment and decree of the lower Appellate Court deserves to be set aside and the matter be remanded back to the lower Appellate Court as it has not rendered the finding being last Court of fact and law, strictly as per provisions of Order 41 Rule 31 CPC as well as in view of the provisions of Section 96 of the CPC. The lower Appellate Court was enjoined upon obligation to refer and rely upon to all the oral and documentary evidence in order to render the decision.

The impugned judgment and decree of the lower Appellate Court is, thus, set aside and as per provisions of Order 41 Rule 23 CPC, the matter is remitted/remanded back to the lower Appellate Court to decide the appeal afresh filed by the respondent/plaintiff.

Parties are directed to appear before the District Judge, Sangrur on 20.02.2015.

It is hoped and expected that the matter be decided as expeditiously as possible preferably within a period of two months from the date of receipt of certified copy of this order. Accordingly, the appeal is disposed of.

(AMIT RAWAL) JUDGE February 02, 2015 savita SAVITA DEVI KADIAN 2015.02.10 11:05 I attest to the accuracy and authenticity of this document High Court Chandigarh