High Court of Punjab and HaryanaRSA/2827/2014disposed of

Improvement Trust Bathinda v. Sukhpal Singh And ANR

2023-01-27Mr. Justice Rajbir Sehrawat2 pages

RSA-2827-2014 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-2827-2014 (O&M) Date of Decision: 27.01.2023 Improvement Trust Bathinda ...... Appellant

Versus

Sukhpal Singh and another ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Sunil Kumar, Advocate, for the appellant.

Mr. Rajan Bansal, Advocate, for the respondents.

***** RAJBIR SEHRAWAT, J. (ORAL) This appeal has been filed by the appellant/defendant for setting aside the judgment and decree dated 28.03.2012 passed by the Trial Court whereby the suit for mandatory injunction was decreed, and the judgment and decree dated 28.04.2014 passed by the Appellate Court, whereby appeal filed by the appellant defendant was dismissed. The essential argument raised by the learned counsel for the appellant is that before the lower Appellate Court; an application under Order 41 Rule 27 of the Code of Civil Procedure was also moved praying for leading additional evidence. However, without finally deciding the said application, judgment and decree dated 28.04.2014 have been passed by the lower Appellate Court. Learned counsel has also submitted that Hon'ble the Supreme Court in the case of Harju (since deceased) through his proposed legal heirs and others Vs. Phulari (Smt) alias Churmarawati VIRENDRA SINGH ADHIKARI 2023.01.31 16:20 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

RSA-2827-2014 (O&M) -2and others, 2005(10) SCC 191, has held that without deciding the application for additional evidence, final judgment and decree could not be passed.

In view of the above, the judgment and decree dated 28.04.2014 passed by the lower Appellate Court are set aside and the matter is remanded to the lower Appellate Court for deciding the appeal afresh; after taking a decision on the application under Order 41 Rule 27 CPC moved by the appellant.

(RAJBIR SEHRAWAT) JUDGE 27.01.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.01.31 16:20 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh