R.S.A.No.61 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.61 of 2008 Date of Decision : 24.09.2009 Uttari Haryana Bijli Vitran Nigam Ltd. and others ...Appellants Versus M/s Nehra Pipe Industries ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Ms. Neena Madan, Advocate, for the appellants. Mr. Rakesh Manuja, Advocate, with Mr. Puran Singh, for the respondents. HEMANT GUPTA, J. (ORAL) Learned counsel for the appellants contends that the sole reason given by the learned first Appellate Court to set aside the judgment and decree passed by the learned trial Court is that checking report Ex.P-1 and the demand notice Ex.P-2 have not been proved by examining any of the witness so as to provide opportunity to the plaintiffs to cross-examine the same. Learned counsel for the appellants contends that in terms of Section 114 of the Evidence Act, the official acts performed during the course of duties are presumed to be correct and the onus was on the plaintiffs to rebut the said presumption. Therefore, non-examination of the witnesses by the defendants per se cannot be treated to return a finding that the documents are not proved. Learned counsel for the respondents states that in view of the said argument, he has no objection if the matter is remitted back to the R.S.A.No.61 of 2008 2 learned first Appellate Court by setting aside the judgment and decree under challenge in the present appeal. However, the plaintiffs reserve liberty to move an application for examining any of the officials of the defendants to rebut the presumption attached to the said documents. In view of the concession of the plaintiffs, the judgment and decree passed by the learned first Appellate Court is set aside. The matter is remitted back to the learned first Appellate Court for decision of the appeal on merits in accordance with law. If the plaintiffs move an application for additional evidence, the same shall be considered by the Court in accordance with law. With the said directions, the present appeal is disposed of. Parties through their counsel are directed to appear before the learned first Appellate Court on 29.10.2009. 24.09.2009 (HEMANT GUPTA) Vimal JUDGE