S.A.O No. 10 of 2009 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH S.A.O No. 10 of 2009 (O&M) Date of decision : January 08, 2009 Ramjesh Singh Jhaj ...... Appellant (s) v. P.S.B Housing Finance Limited, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Rahul Chhatwal, Advocate for the appellant. Mr. Rajesh Sood, Advocate for the respondent. *** 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 ? *** AJAY TEWARI, J (Oral) This appeal has been filed against the judgment and decree dated 25.3.2009 passed by the learned lower appellate Court whereby the appeal of the respondent was accepted and the dismissal of the suit under Order 17 Rule 3 of the CPC was set aside and Rs.20,000/- were imposed as cost upon the respondent and one opportunity was given to the respondent to lead its entire evidence. Counsel for the appellant has argued that as many as 10 opportunities have been granted to the respondent to lead its entire evidence S.A.O No. 10 of 2009 (O&M) ::2:: including many last opportunities and in these circumstances it was highly improper for the learned lower appellate Court to set aside the judgment and decree dismissing the suit under Order 17 Rule 3 of the CPC. The lower appellate Court has primarily been influenced by the fact that the case relates to the recovery of housing loan and possibility of the employees of the respondent colluding with the appellant cannot be ruled out. That may be so, but in my opinion it cannot be lost sight of that issues were struck as far back as 2001 and since the respondent cannot be totally absolved of the delay, some relief has to be granted to the appellant even if this appeal is to be dismissed. In the circumstances, this appeal is dismissed with, however, further clarification that the respondent will not be able to charge any enhanced/penal interest in case the suit is decreed, from the date of framing of issues till today. Parties, through their counsel, are directed to appear before the trial Court on 15.2.2010. The trial Court will fix one date on which the respondent will lead its entire evidence as per the order of the appellate Court. Cost, by way of demand draft in favour of the appellant, has been handed over to counsel for the appellant in Court. ( AJAY TEWARI ) January 08, 2010. JUDGE `kk' S.A.O No. 10 of 2009 (O&M) ::3::