R.S.A No. 1726 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 1726 of 2009 (O&M) Date of decision:- 09.12.2011 Gursewak Singh ...Appellant Versus Punjab State Civil Supplies Corporation Limited and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. G.S. Bhatia, Advocate for the appellant. Ms. Deepali Puri, Advocate for the respondents. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? RITU BAHRI J.(Oral) Punjab State Civil Supplies Corporation limited-respondent (for short 'respondent-Corporation') had filed a suit on 15.6.1987/24.11.92 against Gursewak Singh-defendant/appellant for recovery of Rs. 17,67,545-11 paise (Rs.13,44,140-77). This suit was decreed for a sum of Rs.13,44,140-77 along with interest at the rate of 6% per annum, vide judgment dated 11.9.1993. Feeling aggrieved against the order dated 11.9.1993, the appellant- defendant preferred an appeal before the Additional District Judge, Ferozepur. During the pendency of the appeal, an application dated 28.07.2008 order order 41 Rule 27 of the CPC for leading additional evidence was filed. The lower Appellate Court without deciding this application, had dismissed the appeal of the R.S.A No. 1726 of 2009 (O&M) 2 appellant/defendant, vide judgment dated 24.10.2008. It is not disputed by learned counsel for the parties that in view of the Supreme Court judgment rendered in a case of 'Jatinder Singh and another vs. Mehar Singh and others, 2009(1) R.C.R (Civikl) 253, it was mandatory for the appellate Court to decide the above said application before disposing of the appeal on merits. In view of the Supreme Court judgment mentioned above, order dated 24.10.2008 is set aside and the matter is remanded back to the Court of Additional District Judge, Ferozepur to decide the appeal afresh, after deciding the application under order 41 Rule 27 of the CPC, which is still pending, within a period of six months. The presence of the parties be secured by issuing notice. Accordingly, R.S.A is disposed of. December 09, 2011 ( RITU BAHRI ) G.Arora JUDGE