S.A.O No. 26 of 2010 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH S.A.O No. 26 of 2010 (O&M) Date of decision : May 05, 2010 Sardar Masih and others, ...... Appellant (s) v. Balkar Masih and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Vipin Mahajan, Advocate for the appellants. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This appeal has been filed against the order of the lower appellate Court remanding the case back to the trial Court for a fresh decision after complying with the provisions of Order 1 Rule 8 of the CPC. The respondents had filed a suit claiming that the land in dispute had been given by the village Panchayat for the benefit of the entire Christian community for the construction of a Church. The suit was decreed. Despite the plea of the appellants-defendants that once the suit land was for the benefit of the entire Christian community, the mandatory provisions of Order 1 Rule 8 of the CPC should have been complied with. S.A.O No. 26 of 2010 (O&M) ::2:: In appeal, the lower appellate Court, accepting the above plea of the appellants remanding the case back to the trial Court for a fresh decision after complying with the provisions of Order 1 Rule 8 of the CPC. Counsel for the appellants has argued that in the absence of the application by the respondents, no direction could have been issued to comply with the said provisions. In my opinion, sub-rule 1(a) and (b) of Order 1 Rule 8 of the CPC clearly lays down that the provisions of sub-rule (2) have to be followed where an application is moved by the plaintiff or where the Court has directed so. Thus, the argument that such procedure could be resorted to only if an application had been moved by the plaintiff is without any basis. Consequently, this appeal is dismissed with no order as to costs. As the main appeal has since been dismissed, all the pending civil miscellaneous applications, if any, also stand disposed of. ( AJAY TEWARI ) May 05, 2010. JUDGE `kk'