RSA No. 3532 of 2005(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 1857-C of 2009 and RSA No. 3532 of 2005 (O & M) Date of Decision: August 06, 2009 Municipal Council, Nabha through its Executive Officer ...... Appellant Versus Hans Raj ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. C.M.Sharma, Advocate for the appellant. Mr. Baljit Puri, Advocate for the respondent. **** 1. Whether Reporters of local papers 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. This appeal has been filed against the concurrent judgments of the Courts below dismissing the suit of the appellant for recovery. The allegations were that in an auction held on 10.3.98 the respondent was the highest bidder for the annual contract of removal of carcasses as per which he had to make periodic payments. On his default the appellant was entitled to the amount as per the contract. Learned counsel for the appellant states that along with the appeal there is a CM No. 1857-C of 2009 for additional evidence by RSA No. 3532 of 2005(O&M) 2 which permission is sought to place on record a copy of some suit filed by the respondent wherein he allegedly admitted about the factum of the contract between the parties having been entered into. Learned counsel has argued that the production of this document would be in the interest of justice and would be necessary to be examined by the court in order to arrive at a correct conclusion with regard to the controversy between the parties. Learned counsel for the respondent has, however, argued that the appellant was given full opportunity to prove its case and that the application does not fall within the strict parameters of Order 41 Rule 27 CPC. However, I find that the appellant being a public body a little play in the joints would have to be given to it. It cannot be denied that in case the respondent had filed such a suit the whole complexion of the case would change. In the circumstances I deem it appropriate to set aside the judgments and decrees of the Courts below and remand the matter back to the trial court for a fresh decision subject to costs of Rs.30,000/-. Parties through their counsel are directed to appear before the Additional Civil Judge(Senior Division), Nabha on 7.10.2009 who shall re- decide the matter after giving one effective opportunity to the appellant to place on record certified copy of the civil suit alleged to have been filed by the respondent. Two effective opportunities thereafter would be given to the respondent to lead any evidence in rebuttal. It is made clear that in case costs are not tendered on the adjourned date in the shape of a draft in favour of the respondent this appeal shall be deemed to have been dismissed without any reference to this court. RSA No. 3532 of 2005(O&M) 3 This appeal is disposed of accordingly. Since the main case has been decided, all the pending Civil Misc. Applications are disposed of. (AJAY TEWARI) JUDGE August 06, 2009 sunita