SAO No. 58 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SAO No. 58 of 2009 (O&M) Date of decision: September 14, 2010 Parkash Chander Ashwan Kumar Fabrics Pvt. Ltd. ...Appellants Versus Amrit Lal Mahajan and another ...Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Bikramjit Arora, Advocate, for the appellant. Mr. Amit Chawla, Advocate, for the respondents. GURDEV SINGH, J. This second appeal has been preferred by Parkash Chander and others-appellants/defendants against the judgment dated 7.9.2009 passed by the District Judge, Amritsar, vide which he accepted the appeal preferred by Amrit Lal Mahajan-plaintiff/respondent against the judgment and decree dated 21.11.2008, passed by the Civil Judge (Jr. Divn.), Amritsar, and remanded the case to the trial court for deciding the same afresh on the basis of the evidence already recorded, after production of the site plan of the property in dispute drawn on scale. Admittedly, there is no dispute between the parties so far as the identity or description of the suit property is concerned. The same has been described in the plaint by number, which is sufficient description. Learned District Judge, for remanding the suit, wrongly invoked paragraph 9 (ii) SAO No. 58 of 2009 2 Chapter I-C of High Court Rules & Orders, which is applicable to land suits, whereas the suit was filed regarding the urban property bearing the municipal number. Learned counsel for both the sides have submitted that the judgment dated 7.9.2009 of the first appellate court be set aside and the matter be remanded back for deciding the appeal on merits. Accordingly, the appeal is accepted and the judgment dated 7.9.2009 passed by the first appellate court is set aside. The appeal is remanded back for deciding the same afresh. The parties are directed to appear before the District Judge, Amritsar on 23.11.2010. September 14, 2010 (GURDEV SINGH ) prem JUDGE