IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3891 of 2008 Date of decision:24.02.2009. Punjab Wakf Board ...Petitioner Versus Harnam Singh ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Kanwal Goyal, Advocate, for Mr. Jai Bhagwan, Advocate, for the petitioner. Mr. Rajinder Sharma, Advocate, for the respondent. ***** S.D.ANAND, J. (ORAL) It is common ground that two issues did not come to be framed by the learned Tribunal. One issue pertains to the entitlement or otherwise of the relief of possession claimed by the petitioner – plaintiff and the another pertains to the maintainability or otherwise of the suit for want of issuance of a notice under Section 106 of the Transfer of Property Act. In the light thereof, the petition shall stand allowed. The impugned order dated 08.05.2008 shall stand set aside. The matter is remanded to the learned Trial Court for its disposal afresh after appropriate issues on the pleadings of the parties are framed. The parties shall, of course, entitle to adduce evidence in support of the reframed issues. The trial of the suit shall be concluded within six months from the next date of hearing. If any party is inclined to summon any official witness, it shall be entitled to take dasti summons but the non return or non-effecting of service thereof would not entitle that party to ask for any further adjournment. The parties, through their learned counsel, are directed to appear before the learned Trial Court on 09.03.2009. The acknowledgment (of a copy of this order) issued by the concerned Judicial Officer shall be forwarded to the Registry of this Court. Learned District Judge shall himself maintain a tab to ensure that the case is disposed of by aforementioned period. Disposed of accordingly. February 24, 2009 (S.D.Anand) vinod Judge