This is a remand order wherein the High Court set aside an impugned appellate judgment on limitation and remanded the suit for disposal on merits.
Impugned judgment set-aside; case remanded to District Judge, Chandigarh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RSA No. 760 of 2009 (O & M )
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No. 760 of 2009 (O & M ) DECIDED ON : 22.03.2012
State Bank of India
...Appellant
versus
Vivek Chalana
...Respondent
CORAM : HON'BLE MR. JUSTICE K. C. PURI
Present : Mr. A. C. Jain, Advocate, for the appellant.
Mr. Lalit Thakur, Advocate for Mr. Ranjit Chawla, Advocate, for the respondent.
K. C. PURI, J. (ORAL)
State Bank of India filed a suit for recovery and the said suit was decreed by the trial Court.
Learned District Judge accepted the appeal on the ground that suit is not within limitation. The other questions were not decided by the learned District Judge.
Learned counsel for the parties have stated at the bar that the findings on Issue No.5 be set-aside regarding limitation and the case be remanded back to the first Appellate Court for deciding the appeal on merits.
RSA No. 760 of 2009 (O & M )
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So in these circumstances, in view of statement made by learned counsel for the parties, the impugned judgment dated 11.06.2008 passed by learned District Judge, Chandigarh stands set-aside and the appeal is remanded back to the District Judge, Chandigarh for fresh decision in accordance with law.
The parties are directed to appear before learned District Judge, Chandigarh on 24.04.2012.
MARCH 22, 2012 shalini
(K. C. PURI) JUDGE
State Bank of India
Vivek Chalana
K. C. PURI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
