IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.4220 of 2008 Date of decision: 8.1.2010 Kartar Chand ......Appellant(s) Versus Mohinder Pal ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: None for the appellant. Mr. J.S. Bhatia, Advocate for the respondent. Rakesh Kumar Garg, J.(Oral) The main contention of the counsel for the appellant while challenging the judgment and decree of the Lower Appellate Court before this Court is that an application under Order 41 Rule 27 CPC was moved for adducing additional evidence which has remained undecided. It is the further case of the appellant that even while deciding the main appeal, this application was not taken note of. Notice of motion was issued in this case vide order dated 12.1.2009. Despite service, no one had appeared on behalf of the respondents and the respondent was ordered to be proceeded against ex parte vide order dated 26.11.2009. However, today Sh. J.S. Bhatia, Advocate has put in appearance on behalf of the respondent and has very fairly conceded that the contention raised by the appellant is correct. Learned counsel has further submitted that the respondent has no objection if the impugned judgment and decree dated 30.9.2008 passed by Sh.Bal Krishan Mehta, Additional District Judge, Jalandhar is set aside and the matter is remanded to the aforesaid Court for fresh decision after taking note of the application filed by the appellant under Order 41 Rule 27 CPC. RSA No.4220 of 2008 -2- On the basis of the aforesaid submissions, the impugned judgment and decree dated 30.9.2008 is set aside and the matter is remanded to the Court of Additional District Judge, Jalandhar, for the decision on the appeal in RCA No.22 of 15.2.2006 afresh in accordance with law, with a further direction to dispose of the appeal as well as the application under Order 41 Rule 27 CPC within three months from the date of receipt of certified copy of this order. Parties through their counsel are directed to appear before the Additional District Judge,Jalandhar on 28.1.2010. Disposed of. January 8, 2010 (RAKESH KUMAR GARG) ps JUDGE