Remanded

Kishan Singh v. Shivalik Stone Crusher G.U. Sammiti and Anr.

Punjab & Haryana HC10 Aug 2009SAO/12/2009

Case brief

AI extract

What is this about?

In this special appeal, the High Court set aside a remanding order passed by the District Judge, Ropar, and directed the Appellate Court to dispose of the respondents' appeal on merits within three months.

What did the court decide?

The order dated 20.02.2009 of the District Judge, Ropar is set aside, and the appeal is directed to be disposed of on merits within three months.

Kishan Singh Vs Shivalik Stone… — Civil Procedure and Limitation | Punjab & Haryana HC (2009)

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S.A.O No.12 of 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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S.A.O No.12 of 2009

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Date of Decision: 10.08.2009

Kishan Singh

....Appellant

Versus

Shivalik Stone Crusher Gram Udyog Sammiti & anr.

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...Respondents

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CORAM : Hon'ble Ms. Justice Nirmaljit Kaur

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Present:Mr. P.K. Gupta, Advocate for the appellant. Mr. A.K. Jain, Advocate for the respondents.

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Whether Reporters of Local Newspapers may be allowed to see the judgment ?

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest ?

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NIRMALJIT KAUR, J.

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Learned counsel for the appellant states that the suit filed by the appellant for recovery of Rs.12 lacs towards principal amount and Rs.3 lacs towards damages was decreed on 19-05-2003 only to the extent of Rs.11 lacs towards the principal amount. No decree for damages was passed. The appellant, however, being satisfied did not file any appeal. The respondent, being dissatisfied with the said order, filed an appeal before this Court. The appeal was remanded back to the District Judge, Ropar on account of the amendment in the Punjab Courts Act. The District Judge, thereafter, remanded the matter back to the trial Court with a direction to frame issue on the point of damages. Aggrieved with this order, the present appeal has been filed before this Court.

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S.A.O No.12 of 2009

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Learned counsel for the respondents states that he has no objection if the said appeal is allowed and the judgment and order dated 20-02-2009 passed by District Judge, Ropar is set aside and the appeal of the respondents is heard on merits.

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In view of the statement made by learned counsel for the respondents, the order dated 20-02-2009 passed by District Judge, Ropar is set aside and the Appellate Court is directed to dispose of the appeal, filed by the respondents, on merits within three months from the receipt of a certified copy of this order.

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Parties are directed to be present in the Court of Additional District Judge, Ropar on 25-08-2009.

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(NIRMALJIT KAUR) 10.08.2009 JUDGE gurpreet

Kishan Singh v. Shivalik Stone Crusher G.U. Sammiti and Anr.

Case brief

What is this about?

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Kishan Singh v. Shivalik Stone Crusher G.U. Sammiti and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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