RSA No.1786 of 2009 IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. RSA No.1786 of 2009 Date of decision: 22.3.2010 Swaran Kaur and others .....Appellants vs. Jagtar Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG. --- Present: Mr. S.C.Chhabra, Advocate, for the appellants. Mr.C.M.Munjal, Advocate, for the respondents. -- Rakesh Kumar Garg,J. The appellants who are legal representatives of Jagga Singh (i.e. defendant No.1) have filed the instant appeal challenging the judgment and decree of the lower Appellate Court whereby the appeal filed by the plaintiff-respondents was accepted, and their suit for possession by way of specific performance of the agreement to sell dated 6.9.1995 executed by aforesaid Jagga Singh in their favour, was decreed. At the outset, learned counsel for the appellants has argued that in this case the appeal before the District Judge was preferred by respondents No. 1 to 3 on 29.8.2007 against the defendants namely, Shri Jagga Singh and Ravinderpal Singh being defendants No. 1 and 2 respectively whereas Jagga Singh defendant No.1 (predecessor-in-interest of the appellants) had expired on 8.12.2007, before the service could be effected upon him with regard to the aforesaid appeal and that the appellant (legal heir of the aforesaid Jagga Singh defendant No.1) were never served in the aforesaid appeal, and thus, on the basis of the aforesaid facts, it has RSA No.1786 of 2009 been argued that the judgment and decree of the lower Appellate Court is liable to be set aside being perverse and against the principles of natural justice, as the appeal was accepted by the lower Appellate Court without serving any proper notice upon the respondents in the appeal, and the following substantial question of law arises in this appeal:- “Whether the learned Lower Appellate Court has acted with perversity in not affording an opportunity of being heard to the legal heirs of contesting defendant-respondent No.1 Jagga Singh son of Mohan Singh who was reported dead ? Learned counsel for the respondents could not dispute the aforesaid factual position. The appeal filed by the respondents before the lower Appellate Court whereby their suit was decreed could not have been passed without giving an opportunity of being heard to the appellants. Thus, without going into the merits of the suit, I deem it appropriate to accept this appeal only on this short ground and remand the matter to the lower Appellate Court for deciding the matter afresh after hearing the parties on the merits of the case. Thus, the substantial question of law, as raised is answered in favour of the appellants and against the respondents. Accordingly, this appeal is accepted, the impugned judgment and decree of the lower appellate Court is set aside and the lower Appellate Court is directed to decide a matter afresh in accordance with law as expeditiously as possible. Parties through their counsel are directed to appear before lower Appellate Court on 26.4.2010. Records be transmitted to the Lower Appellate Court forthwith. March 22, 2010 ( Rakesh Kumar Garg) rk Judge RSA No.1786 of 2009