RSA No.2861 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2861 of 2005 Date of Decision:29.05.2009 The Hisar Improvement Trust through its Chairman Secretary ....appellant Versus Chander Bhan through LRs .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: Mr.Santosh Sharma,Advocate for the appellant Mr.Hari Om Attri, Advocate for the respondents **** RAKESH KUMAR GARG J. This is defendant's Regular Second Appeal challenging the judgment and decree of the Lower Appellate Court, whereby appeal filed by the defendant against the judgment and decree of the trial Court has been dismissed on account of the fact that there was no resolution authorizing the Secretary of the appellant-Trust to institute the appeal on behalf of the appellant. During the course of arguments before this Court, attention was drawn to para No.10 of the impugned judgment wherein it has been mentioned that the appellant had placed on record the copy of resolution No.132 to show that a resolution was made wherein a decision was taken to file an appeal against the judgment of the Lower Court. Faced with this situation, learned counsel for the RSA No.2861 of 2005 2 respondents had sought a short adjournment to get instructions from his client and the case was listed for today. Mr.Hari Om Attri, Advocate, appearing on behalf of the respondents has very fairly stated that he has no objection if the impugned judgment and decree is set aside and the matter is remanded back to the Lower Appellate Court for deciding the appeal on merits. However, he has made a prayer that in view of the peculiar facts and circumstances of the case, the Lower Appellate Court may be directed to decide the appeal within a specific time frame. Learned counsel for the appellant has no objection to the aforesaid prayer made by the respondent. In view of the aforesaid, this appeal is allowed. Judgment and decree of the Lower Appellate Court dated 18.05.2005 passed in Civil Appeal No.6 of 2002 titled as “The Hisar Improvement Trust through its Chairman Secretary versus Chander Bhan” is set aside and the Lower Appellate Court is directed to decide the appeal afresh on the merits of the case. Parties, through their counsel are directed to appear before the Lower Appellate Court on 20.07.2009. Keeping in view the facts and circumstances of the case, the Lower Appellate Court is directed to decide the aforesaid appeal within three months from the date of appearance of the parties. The appeal is disposed of as aforesaid. (RAKESH KUMAR GARG) JUDGE 29.05.2009 neenu