Regular Second Appeal No. 237 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh Regular Second Appeal No. 237 of 2009 Date of Decision: 8.9.2011 Saudagar Singh and Others ... Appellants Versus Resham Singh and Another ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Dhirinder Chopra, Advocate for the appellants. Mr. B.S. Bhalla, Advocate for respondent No.1. None for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) Mr. Dhirinder Chopra, Advocate, appearing for the appellant, has submitted that the appellants had filed an application under Order 41 Rule 27 CPC, for leading additional evidence, before the lower Appellate Court and without disposing of the same, the appeal has been decided. This fact is not controverted by Mr. B.S. Bhalla, Advocate, learned counsel for respondent No.1. In this view of the matter, this Court is left with no other option but to remand the case to the lower Appellate Court. Hence, the judgment and decree dated 2.12.2008, passed by the lower Appellate Court, is set aside and it is directed that Regular Second Appeal No. 237 of 2009 2 the appeal be decided afresh along with the aforesaid application under Order 41 Rule 27 CPC, for leading additional evidence, within a period of three months from the date of receipt of a certified copy of this order. The parties through their counsel are directed to cause appearance before the lower Appellate Court on 30.9.2011. Records, requisitioned from both the Courts below, be also returned forthwith. (Kanwaljit Singh Ahluwalia) Judge September 8, 2011 “DK”