RSA No. 1649 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 1649 of 2010 (O&M) Date of decision:- 08.07.2011 Dr. Dev Raj, Assistant Director (Retired). ...... Appellant Vs State of Punjab and others. ......Respondent CORAM:-HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.P. Daaria, Advocate, for the appellant. Mr. P.S. Grewal, Deputy Advocate General, Punjab. * * * * KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the appellant has relied upon the order dated 06.07.2011. It will be apposite to reproduce hereunder the order dated 06.07.2011:- “This Court on 12th November, 2010 had passed the following order:- “Learned Counsel for the appellant inter alia contended that application for additional evidence moved in the lower Appellate Court was not decided by the lower Appellate Court. Let records of both the Courts below be requisitioned for 15.02.2011.” In pursuance to the above said order, record from the lower Appellate Court has been received. Application filed under Order 41 Rule 27 CPC for leading additional evidence is at page 23 of the paper book. A cursory glance at the file reveals that the said application has not been decided. Issue notice of motion. On the asking of Court, Mr. P.S. Grewal, DAG, Punjab accepts notice on behalf of the respondents. A copy of the paper book has RSA No. 1649 of 2010 (O&M) 2 been supplied to him. Counsel for the State may inspect the record before the next date of hearing to assist this Court. Since Counsel for the appellant has stated that the matter is to be remitted back to the lower Appellate Court for deciding the application for leading additional evidence, a short date is granted. List on 8th July, 2011. A copy of this order, attested by the Reader of this Court, be supplied to Counsel for the State.” Counsel for the State after verifying the record has very fairly stated that application under Order 41 Rule 27 CPC for leading additional evidence has not been decided by the lower Appellate Court. In this view of the matter, the judgement passed by the lower Appellate Court is set aside. Matter is remitted back to the District Judge, Chandigarh to decide the appeal afresh alongwith the application filed for leading additional evidence within one month from the appearance of the Counsel for the parties. Counsel for the parties are directed to appear before the trial Court on 29.07.2011. The present appeal stands disposed of. (KANWALJIT SINGH AHLUWALIA) JUDGE 08.07.2011 Amodh