RSA No.1617 of 2006 (O&M) Inder Lal & others vs. Ashok Kumar & others Present : Mr. Deepak Gupta, Advocate for the appellants. Mr.R.P.S. Ahluwalia, Advocate for respondents. **** This appeal has been filed against the concurrent judgments of the Courts below whereby the suit of the plaintiff was dismissed after his evidence was closed by order 01.03.2005 due to the fact that he had not led any evidence despite grant of several opportunities. Learned counsel has stated that in fact the parties are all successors-in-interest of Kanahi Ram. He has further stated that the legal representatives of the other three sons of Kanahi Ram are present in Court and have also sworn affidavit admitting the claim of the appellant that he is also one of the successors- in-interest of Kanahi Ram (being his 5th son's son). However, I find that the case of the respondent No.1 (only contesting respondent) is that the appellant is not the grand-son of Kanahi Ram and in fact, has no connection with the family. In view of the assertion of the learned counsel that the other brothers/legal representatives have accepted the claim of the appellant, I find that it is a fit case where the matter should be remanded to the Trial Court and two effective opportunities ought to be granted to the appellant to lead his entire evidence at his own responsibility. Consequently, the judgments of the Courts below are set aside and the matter is remanded to the Trial Court. The learned Civil Judge (Sr. Division), Ambala may keep the case RSA No.1617 of 2006 -2- either on his own board or place it before any other Civil Judge. Two effective opportunities shall be granted to the appellant for leading his entire evidence at his own responsibility. This however, shall be subject to payment of Rs.10,000/- as costs to be paid to the respondent No.1 in the form of bank draft. Parties through their counsel are directed to appear before the Trial Court on 06.10.2009. August 24, 2009 (AJAY TEWARI) sonia JUDGE