RSA No.3600 of 2008 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 3600 of 2008 (O&M) Date of Decision: November 27 , 2009 HUDA and another ...... Appellants Versus Rajinder Parshad ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.Ashwani Talwar, Advocate for the appellants. Mr.Rajender Goyal, Advocate for the respondent. **** 1. Whether Reporters of local papers 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. This appeal has been filed against concurrent judgments of the Courts below decreeing the suit of the respondent for allotment of a plot to him on the ground that he was an oustee. Learned counsel for the appellants has brought to my notice that the first appeal was dismissed primarily on the strength of a statement that the requisite relief had been granted to the respondent. In fact, as per learned counsel for the respondent the requisite relief was never granted to the respondent. In the circumstances learned counsel states that the basis of the decision of the appeal was erroneous. Learned counsel for the respondent is not in a position to deny that in fact no plot was ever allotted to the respondent. RSA No.3600 of 2008 (O&M) 2 In the circumstances both the counsel are agreed that the judgment of the learned Lower Appellate Court is liable to be set aside and the case be remanded back to the learned Lower Appellate Court for fresh decision on merits. I find this to be a reasonable request. Consequently this appeal is allowed. The judgment of the learned Lower Appellate Court is set aside and the appeal is remanded back for decision on merits. Parties through counsel are directed to appear before the learned District Judge, Kaithal on 18.1.2010 who may either hear the appeal himself or transfer the same to some other court of competent jurisdiction. (AJAY TEWARI) JUDGE November 27, 2009 sunita