IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. S.A.O No.6 of 2007 Date of Decision: 31.08.2009 Suman Devi ....Appellants Versus Santra Devi and others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. N.S. Shekhawat, Advocate for the appellants. Mr. Vivek Singla, Advocate for Mr. Rahul Vats, Advocate for respondent No.1. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) Plaintiff-Santra Devi, mother of the deceased-Parminder Singh, who died during the Kargil `Vijay Operation', filed a suit for decree of declaration that she is entitled to receive all the War Service Awards, benefits granted by the Government of India and other States and also sought decree of declaration for entitlement of the relief of family pension and service benefits such as gratuity, GPF, GIS, AGIs and all other arrears of pay and allowances including the relief of ex-gratia. The suit was partly allowed. While allowing the said suit, the S.A.O No.6 of 2007 -2- relief only qua the special family pension was determined and by one line, it was directed that the benefits which are available to widow of a deceased soldier shall go to defendant No.9. Both the plaintiff and the defendant were dissatisfied with the said order. Being dissatisfied, both filed separate appeals against the said order. The appeals were disposed of by the District Judge, Narnaul, vide his order dated 06-02-2007, vide which, the order dated 09-10-2004 passed by Additional Civil Judge (S.D.), Narnaul, was set aside and the matter was remanded back to the trial Court for fresh decision, in accordance with law with a direction to decide all the issues of litigation and to record evidence, if so required. Learned counsel for the parties agree that the order dated 06- 02-2007 passed by District Judge, Narnaul, be set aside but with a direction to the Additional Civil Judge (S.D.), Narnaul, to decide the matter afresh on the evidence already produced and recorded before the Court. In view of the statement made by learned counsel for the parties on taking instructions from their respective parties, the order dated 06-02-2007 passed by District Judge, Narnaul, is set aside to the effect, vide which a direction is issued to grant opportunity to the parties to lead evidence and with a further opportunity of leading evidence in rebuttal. However, the direction, vide which the order of the Additional Civil Judge (S.D), Narnual, dated 09-10-2004, was set aside, is upheld. Accordingly, the matter is remanded back to the Additional Civil Judge (S.D.), Narnaul, to decide the suit afresh, in accordance with law, on the basis of the evidence already produced and recorded before the Court. Keeping in mind that the matter is pending since long and the S.A.O No.6 of 2007 -3- dispute involves the grant of pension and other benefits to a widow and the mother, the same be decided within two months from the date of appearance of the parties before the Court. Accordingly, the appeal is disposed of with a direction to the parties to appear before the trial Court or through their counsel on 09-09-2009. (NIRMALJIT KAUR) 31.08.2009 JUDGE gurpreet