IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2060 of 2009 (O & M) Date of decision: 04.03.2010 Gurcharan Singh and and others ..Appellants Versus Gram Panchayat ..Respondent CORAM: HON'BLE MR.JUSTICE AJAY TEWARI a). Whether Reporters of Local Papers may be allowed to see the judgment ? b). To be referred to the Reporters or not ? c). Whether the judgment should be reported in the Digest ? Present:- Mr.G.S.Bhatia, Advocate for the appellants . . . Learned counsel has made a preliminary submission that apart from the merits what has transpired in this case is that an application under Order 41 Rule 27 CPC filed by the appellants, though noticed in the impugned judgment, has not been decided either by a separate order or in the main judgment. Learned counsel has relied upon Jotinder Singh and another Vs. Mehar Singh and others, AIR 2009 SC 354, wherein held as follows:- "4. While deciding the second appeal, however, the High Court had failed to take notice of the application under Order 41 Rule 27 of the Code of Civil Procedure and decide whether additional evidence could be permitted to be admitted into evidence. In our view, when an application for acceptance of additional evidence under Order 41 Rule 27 of the Code of Civil Procedure was filed by the appellants, it was the duty of the High Court to deal with the same on merits. That being the admitted position, we have no other alternative but to set aside the judgment of the High Court and remit the appeal back to it for a decision RSA No.2060 of 2009 (O & M) -2- afresh in the second appeal along with the application for acceptance of additional evidence in accordance with law". It deserves to be noticed that the respondent did not appear in response to the notice and was consequently proceeded against ex parte by order dated 30.11.2009 Following the dictum of the Hon'ble Supreme Court in the above cited judgment, this appeal is allowed. Accordingly, main judgment and decree is set aside and the matter is remanded back to the learned Lower Appellate Court for a fresh decision after considering the application under Order 41 Rule 27 filed by the appellants. The matter is posted for hearing before the learned Lower Appellate Court on 06.04.2010. Since respondent is ex parte, the learned Lower Appellate Court is directed to take steps to summon it again. Consequently, the present appeal is allowed. Since the main appeal is decided, the Civil Miscellaneous Application, if any, stands disposed of. March 4, 2010 (AJAY TEWARI) Sukhpreet JUDGE