Saudagar Singh and Ors. Vs Resham Singh and Anr.

Mr. Dhirinder Chopra, Advocate, appearing for the appellant, has submitted that the appellants had filed an application under Order 41 Rule 27 CPC, for leading additional evidence, before the lower Appellate Court and without disposing of the same, the appeal has been decided. This fact is not controverted by Mr. B.S. Bhalla, Advocate, learned counsel for respondent No.1. In this view of the matter, this Court is left with no other option but to remand the case to the lower Appellate Court. Hence, the judgment and decree dated 2.12.2008, passed by the lower Appellate Court, is set aside and it is directed that

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Regular Second Appeal No. 237 of 2009

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2

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the appeal be decided afresh along with the aforesaid application under Order 41 Rule 27 CPC, for leading additional evidence, within a period of three months from the date of receipt of a certified copy of this order.

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The parties through their counsel are directed to cause appearance before the lower Appellate Court on 30.9.2011.

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Records, requisitioned from both the Courts below, be also

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returned forthwith.

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(Kanwaljit Singh Ahluwalia) Judge

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September 8, 2011 “DK”

Saudagar Singh and Ors. v. Resham Singh and Anr.

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Saudagar Singh and Ors. v. Resham Singh and Anr.

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