R.S.A.No. 1321 of 2007 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No. 1321 of 2007 Date of decision: 19th August, 2009 Gurdeep Singh and others ……..Appellants Versus Jeet Singh and others …….Respondents Before: HON’BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. M.L.Sarin, Senior Advocate with Ms. Alka Sarin, Advocate for the appellants. Mr. J.S.Cooner, Advocate for respondents no. 1 and 13. Mr. Raghubir Tejpal, Advocate for Respondent nos. 2, 4 to 7 and 9 to 12. Rajive Bhalla, J. The appellants challenge the judgments and decrees dated 14.10.2004 and 28.02.2007, passed by the Additional Civil Judge (Senior Division), Ambala and the Additional District Judge (Adhoc)/ Fast Track Court, Ambala, dismissing their suit and their appeal respectively. Counsel for the appellants submits that the judgment and decree passed by the first appellate court does not assign any reasons and is in essence a non-speaking judgment. Counsel for the respondents does not contest the aforementioned assertions but states that a direction be issued to the first appellate court to decide the appeal within a fixed period of time. 1 R.S.A.No. 1321 of 2007 I have heard counsel for the parties and perused the judgment and decree passed by the trial court. The submissions by counsel for the appellants are correct. The first appellate court was required to deal with each issue and record reasons for its conclusions preceded by a perceptible and discernible process of reasoning. The impugned judgment is devoid of any process of reasoning much less a perceptible process of reasoning. Even otherwise, counsel for the respondents have no objection, if the judgment and decree passed by the first appellate court is set aside. In view of what has been stated hereinabove, the appeal is allowed, the judgment and decree passed by the first appellate court dated 28.02.2007, is set aside and the matter is remitted to the first appellate court to decide the appeal afresh, in accordance with law, within a period of three months from the date of appearance of the parties before the appellate court. Parties are directed to appear before the first appellate court on 24.09.2009. [RAJIVE BHALLA] JUDGE 19th August, 2009 SKaushik 2