IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No. 553 of 2000. Date of Decision : 19.07.2011. Jai Dev Singh ….Appellant. Versus. Bhim Dutt and others. ….Respondents. Coram: Hon’ble Mr. Justice Dev Darshan Sud, Judge. Whether approved for reporting1? No. For the appellant : Mr. K.S. Kanwar, Advocate. For the respondents : Mr. K. D. Sood, Advocate for respondents No.1 to 3, 6,9 and 10. Justice Dev Darshan Sud, J. This is an exemplary case where the learned Appellate Court has violated all judicial functions/duties as imposed upon it by the Code of Civil Procedure and the established canons of adjudicatory jurisprudence. 2. The appellant herein was the plaintiff before the learned trial Court and his suit had been partly decreed holding that he was in possession of the land and that he was tenant thereon. However, the learned trial Court holds that Shri Roop Singh under whom the plaintiff/appellant claimed tenancy was not in exclusive possession as an owner. 3. Three of the respondents namely Bhim Dutt, Dev Dutt and Vinod Kumar challenged the judgment of the learned trial Court before the learned District Judge, Sirmour at Nahan. From the record what I find is that after narrating the facts of the case he becomes Whether reporters of the Local papers are allowed to see the judgment? Yes. 2 conjectural and dispose of the appeal in two paras only. So, this is not the manner in dealing with an appeal filed under Section 96 of the Code of Civil Procedure which requires and casts a mandatory duty on the Court to consider the facts on record and give reasons for the decision arrived at. Lesser said the better to say that it displays lack of judicial discipline in stating the obvious. In these circumstances, I left with no option but to remand the case to the learned District Judge, Sirmour at Nahan with directions: (a) That the judgment and decree dated 14.9.2000 is set aside and the learned District Judge shall readmit the appeal on its record and proceed to decide the matter afresh in accordance with law on the grounds as urged by the appellants in this appeal. (b) That the learned District Judge shall make an endeavour to dispose of the appeal within 3 or 4 months from the date when the parties appear first. The parties are directed to appear before the learned District Judge, Sirmour at Nahan on 1.9.2011. 4. The appeal is allowed accordingly and all the miscellaneous applications stand disposed of. (Dev Darshan Sud), 19th July, 2011. Judge. (jai)