R.S.A. No.4198 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- R.S.A. No.4198 of 2009 (O&M) Date of decision:- 9.11.2010. Managing Committee, Halwasiya Vidhya Vihar Senior Secondary School, Bhiwani & Ors. ... Appellants Versus Smt. Savitri Devi and Ors. ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. V.S.Bhardwaj, Advocate, for the appellants. Mr. R.N.Sharma, Advocate, for respondents No. 1 to 3. Mr. Aseem Aggarwal, Advocate, for respondent No.5. Gurdev Singh, J (oral) Heard. This second appeal has been preferred by the appellants/defendants No. 1 to 3 against the judgment and decree dated 29.9.2009 vide which the appeal preferred by original plaintiff – Keshav Parpanna Shastri (who died during the pendency of the appeal and whose legal representatives, who have been impleaded as respondents in the present appeal, were brought on the record) was accepted and the suit for declaration was decreed to the effect that legal representatives of the plaintiff were entitled to the arrears along with interest at the rate of 6% per annum w.e.f.30.6.2005, after setting aside the judgment and decree dated 4.12.2007 passed by Additional Civil Judge (Sr. Division), Bhiwani, R.S.A. No.4198 of 2009 (O&M) -2- dismissing the suit of the plaintiff. The following issue was framed by the trial Court:- “5. Whether this Court has no jurisdiction to try and decide the present suit?OPD” This issue was decided against the plaintiff by the trial Court by specifically holding that Civil Court has no jurisdiction to try and decide the suit. The finding on that issue was never upset by the First Appellate Court while decreeing the suit of the plaintiff. It was required to record specific finding on that issue also, before deciding the appeal. Accordingly, this appeal is hereby accepted. The judgment and decree passed by the First Appellate Court is set aside and the appeal is remanded back for deciding the same afresh after recording finding on issue No.5. The parties are directed to appear before that Court on 18.1.2011. November 9, 2010 (Gurdev Singh) tripti Judge