Allowed

Ashwani Kumar v. Amir Chand and Others

Punjab & Haryana HC11 May 2009FAO/1653/2008

Case brief

AI extract

What is this about?

In a Civil Miscellaneous matter, the High Court allowed an application filed under Section 151 CPC to list the main appeal for final hearing. The court set aside the impugned judgment and decree and remanded the matter to the District Judge, Fatehgarh Sahib, to decide the case on merits afresh.

What did the court decide?

Application allowed; main appeal taken on regular board; impugned judgment and decree set aside; matter remanded to District Judge, Fatehgarh Sahib.

Ashwani Kumar Vs Amir Chand and Others — Civil Procedure and Limitation | Punjab & Haryana HC (2009)

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CM Nos.4893 to 4895-CII-2009 and FAO No.1653 of 2008

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CM Nos.4893 to 4895-CII-2009 and FAO No.1653 of 2008 DATE OF DECISION: 11.5.2009

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Ashwani Kumar

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. . . . Appellant VS. Amir Chand and another . . . . Respondents ****

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CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN

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Present: Mr.Kapil Aggarwal, Advocate for the applicant/respondents Mr.Rakesh Chopra, Advocate for the non-applicant/appellant.

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RAKESH KUMAR JAIN J.(ORAL)

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CM No. 4893-CII-2009

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Application is allowed as prayed for. CM stands disposed of.

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CM No. 4894-CII-2009

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Application is allowed as prayed for.

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CM stands disposed of.

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CM No. 4895-CII-2009

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Notice in the application.

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CM Nos.4893 to 4895-CII-2009 and FAO No.1653 of 2008

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At this stage, Mr.Rakesh Chopra, learned counsel for the non-applicant/appellant accepts notice.

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This is an application filed under Section 151 CPC for listing the main appeal for final hearing.

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Learned counsel for the applicants/respondents submitted in the application that the appeal may be allowed and the impugned judgment and decree (Annexure P2 and P3) be set aside and the matter may be remanded back to the Court of learned District Judge, Fatehgarh Sahib to decide the matter on merits afresh.

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Learned counsel for the non-applicant/appellant has no

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objection.

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In view of the above, the main appeal is taken on regular board for hearing.

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CM stands disposed of.

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MAIN CASE

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Learned counsel for the respondents states at the bar that he has no objection if the judgment and decree (Annexure P2 and P3) are set aside and the matter is remanded back to the ld. District Judge, Fatehgarh Sahib to decide the matter afresh on merits.

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Learned counsel for the appellant too has no objection. In view of the above, the present appeal is allowed, judgment and decree (Annexure P2 and P3) are set aside and the matter is remanded back to the ld. District Judge, Fatehgarh Sahib to decide the matter afresh on merits.

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CM Nos.4893 to 4895-CII-2009 and FAO No.1653 of 2008

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Parties are directed to appear before the ld. District

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Judge, Fatehgarh Sahib on 6.7.2009.

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(RAKESH KUMAR JAIN) MAY 11, 2009 JUDGE vivek

Ashwani Kumar v. Amir Chand and Others

Case brief

What is this about?

What did the court decide?

Ashwani Kumar v. Amir Chand and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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