IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. RSA No. 139 of 2001 Date of Decision: 23.12.2011 1. Deleted (as per the order dated 16.12.2003). 2. Sh. Jagat Ram, 3. Sh. Gita Ram. 4. Sh. Bhagat Ram, All sons of sh. Gambhoo son of Sh. Hari Ram, Resident of village Bara (Bhuian), Pargana Chamba, Tehsil Nalagarh, District Solan, H.P. .. Appellants. Versus 1(a) Sh. Parkash, 1(b) Sh. Dila Ram, 1(c) Sh. Madan, All sons of Datta Ram, 1(d) Smt. Ajudhya widow of Sh. Datta Ram, All residents of village Chamba, P.O Swarghat (Galot), Tehsil Nalagarh District Solan, H.P. 2. Smt. Ranchi Devi daughter of Dehero wife of Sh. Gurdev son of Sh. Baggu, Resident of Katwari, Tehsil Nalagarh, District Solan, H.P. 3. Smt. Jamna Devi daughter of Sh. Dhero, wife of Sh. Gurbaksh son of Sh. Baggu, Resident of village Katwari, Tehsil Nalagarh, Distt. Solan, H.P.. 4. Miss Laja Devi (previously minor now major) Daughter of smt. Dheri wife of sh. Durga, Resident of village Theon, Tehsil Nalagarh, Distt. Solan, H.P. 5. Smt. Jiwani widow of late sh. Lathuria son of Sh. Baziro, resident f village Theon, Tehsil Nalagarh, Distt.Solan, H.P.(deleted) 6. Sh. Gita Ram. 7. Sh. Shanbhu. 8. Sh. Ram Pyare, 9. Sh. Sarwan, All sons of Sh. Devi Ram son of Sh. Kakhu, son of Sh. Jawala, All residents of village Kapkhhar, pargana chamba, tehsil Nalagarh, District Solan, H.P. 10. Deleted (as per the order dated 17.09.2003). 11. Sh. Sita Ram son of sh. Kanshi Ram son of Sh. Hari Ram. 12. Smt. Durgi wife of sh. Bambhoo, son of Sh. Hari Ram(deleted). …2… Both residents of village Lanan, Tehsil Nalagarh, District Solan, H.P. ..Respondents. Regular second appeal under section 100 of civil procedure code against judgment and decree dt. 17-11-1999 of the ld. Additional District Judge solan, camp at Nalagarh passed in civil appeal No. 23-NL/13 of 1995, titled sh. Sita Ram and others vs.. sh. Data Ram and others, whereby the said ld. Lower Appellate Court has affirmed/confirmed the decree and judgment dt. 1.12.1994, passed by ld. Sub Judge 1st Class, Nalagah in civil suit No. 308/1 of 1987, titled Sita Ram Etc. Vs. Data Ram and Others, dismissing the suit of appellant/plaintiff No.2 and respondents/plaintiffs 7 & 8(plaintiffs 1 & 3). Claim in appeal: Reversal and setting aside the impugned decree and judgment dated 17.11.1999 of ld. Lower appellate Court and the reply reversing decree of the dismissal of the ld. Trial Court by way of decreeing the suit of appellant/plaintiff NO.2 and respondents 7 & 8(plaintiff 1 &3) Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the appellants: Mr. G.D Verma, Sr. Advocate with Mr. BC Verma, Advocate. For the Respondents: Mr. S.S Mittal Sr. Advocate with Mr. Surinder P.Sharma, Advocate for respondents No. 6 to 10. Sanjay Karol,J(Oral):- This Regular Second Appeal filed by the plaintiff under Section 100 C.P.C was admitted on the following substantial questions of law:- “6. Whether the oral sale on the basis of which Mutation Ex. PW-6/A vide mutation No. 14 dated 13.1.1952 in favour of the purchaser is valid and the same could not be excluded from consideration by both the courts below? 1 Whether reporters of Local Papers may be allowed to see the judgment? …3… 7. Whether the oral gift on the basis of which mutation Ex. PS-6/B mutation No. 17 dated 19.12.56 is valid and the same could not be excluded from the consideration by both the courts below?” 2. Having heard learned counsel for parties at length as also perused the record, I am of the considered view that the matter needs to be remanded back to the lower appellate Court. 3. Plaintiff’s civil appeal No. 23-NL/13 of 1995 stands dismissed in terms of judgment dated 17.11.1999 passed by Additional District Judge, Solan. The trial Court, undisputedly did not read, appreciate and interpret documents Ex. 6/A, 6/B and DA and DB. These documents, undisputedly were required to be looked into and properly appreciated/construed for arriving at a just decision. 4. Even though, plaintiff had taken a specific ground in the first appeal to the effect that documents filed by them were not read and consequently legal effect not considered, yet undisputedly, lower appellate Court did not go into this aspect of the matter at all. Impugned judgment and decree dated 17.11.1999 passed by Additional District Judge, Solan dismissing the plaintiff’s appeal is evidently clear in this regard. 5. Not only that, in fact lower appellate Court has not assigned any reasons in arriving at its conclusions. Except for mere reproduction of …4… pleadings of the parties, their statements and extracts of decisions of various courts lengthening judgment is void of any reasons. Whether there was oral sale/gift and what is the effect of entries with respect there to in the revenue records i.e mutation and the relevance of subsequent jamabandis to the contrary are all questions which were required to be examined after taking into account the pleadings and the evidence(oral and documentary) led by the parties. This aspect has not been considered at all. 6. As such, with the consent of the parties, impugned judgment and decree dated 17.11.1999 passed by Additional District Judge, Solan is set aside and the matter remanded back to the learned District Judge, Solan for consideration of the appeal afresh on merits in accordance with law. 7. It is further directed that the learned District Judge, after affording opportunity of hearing to all concerned shall himself decide the appeal on merits positively on or before 30.4.2012. Parties undertake to fully co-operate in the proceedings and not take any unnecessary adjournment. In order to facilitate the learned District Judge to decide the appeal , parties undertake to place on record true translation of all the documents exhibited during trial. In the …5… event of dispute with regard to the same, the learned Judge would himself get the needful done from some authenticated source. 8. Registry is directed to immediately send the records along with copy of this judgment to the concerned court. Parties undertake to appear before the District Judge, Solan on 16.1.2012. 23rd December, 2011. (Sanjay Karol),J. (priti)