RFA No. 2410 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- RFA No. 2410 of 2008 Date of decision: 03.07.2008 Dalip Singh .......Appellant Versus State of Punjab and others ........Respondents Coram: HON'BLE MRS. JUSTICE NIRMAL YADAV Present: Mr. Vikas Mohan Gupta, Advocate for the appellant Mr. S C Chhabbra, Advocate for the Caveator-respondents 1 and 2 -.- NIRMAL YADAV, J. (Oral) Heard learned counsel for the parties. Learned counsel for the appellant argued that the Court below has erred in deciding the matter without taking evidence of the parties. It is submitted that as to whether the appellant is entitled to any relief or not, could only be decided on the basis of evidence led by the parties. Therefore, opportunity should have been granted to both the parties to substantiate their case by leading evidence. Taking into consideration the fact that no opportunity has been given to the parties to lead evidence for arriving at the just decision of the case, the Award dated 19.05.2008 passed by learned Additional District Judge, Mansa, is set aside and the case is remanded back for decision RFA No. 2410 of 2008 2 afresh after affording two opportunities each to both the parties to lead their respective evidence, within three weeks from the date of their appearance. However, it is made clear that the plea of pendency of the suit for specific performance filed by the appellant, shall not be taken as defence in evidence. Both the parties through their counsel, are directed to appear before the concerned Court on 28.07.2008 at 10.00 a.m. Disposed of in the above terms. [NIRMAL YADAV] JUDGE July 03, 2008 mohan