IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 4047 of 2007 Date of decision: 4th December, 2008 Sarwan Ram and another … Appellants Versus Jaspal Singh and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. K.S. Dadwal, Advocate for the appellants. Mr. Chaman Lal Pawar, Advocate for respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the parties are in agreement that an application filed by the appellants under Order 41 Rule 27 CPC on 3rd November, 2006 was not decided. It is stated that the appeal was decided without deciding the application. Therefore, due consideration has not been granted by the appellate Court below to the fact whether in case the application would have been allowed, the evidence to be led would have materially affected the outcome of the decision or not. Counsel for the appellants has relied upon ‘Jatinder Singh & another Minor through Mother v. Mehar Singh and others’ JT 2008 (11) SC 30. During course of arguments, counsel for the parties are in agreement that the matter be remanded back to Additional District Judge, Nawanshahar to decide the appeal afresh after pronouncing the decision on the application filed by the appellants under Order 41 Rule 27 CPC. Regular Second Appeal No.4047 of 2007 Counsel for the respondent has stated that he has agreed to remand of the case on the consideration that appeal be decided within a stipulated time. In the present case, appeal was instituted on 23rd November, 2005, therefore, it is directed that the appellate Court below shall decide the appeal as well as the application within three months after the receipt of certified copy of this order. Accordingly, the order of appellate Court below is set aside and the appellate Court below shall pass a fresh order after hearing the parties. Appellants and respondents are directed to appear before the appellate Court on 15th December, 2008. With these observations, present appeal is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE December 4, 2008 rps 2