RSA No. 778 of 1986 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH * * * * * RSA No. 778 of 1986 Date of decision : August 3, 2011 * * * * * Hazura Singh ............Appellant Versus Rattan Singh and others ...........Respondent * * * * * CORAM: HON'BLE MR. JUSTICE GURDEV SINGH * * * * * Present: Mr. D.R Mahajan, Advocate for the appellant. Mr. B.S Bhatia, Advocate for the respondents. * * * * * GURDEV SINGH, J (ORAL) This second appeal has been preferred by the appellant- plaintiff against the judgment and decree dated 10.2.1986 passed by Additional District Judge, Patiala, vide which he dismissed the first appeal preferred by the plaintiff against the judgment and decree dated 29.3.1985 passed by Additional Senior Sub Judge, Rajpura dismissing his suit for permanent injunction restraining the respondents/defendants from dispossessing him or otherwise interfering in his peaceful possession over the property in dispute situated in the abadi of village Lohschman, Tehsil Rajpura, fully detailed in the heading of the plaint. It has not been disputed by the counsel for the defendants that the plaintiff filed an application under Order 41 Rule 27 CPC before Additional District Judge, Patiala for leading additional evidence and that the said application was not RSA No. 778 of 1986 2 decided before deciding the appeal itself. A perusal of the records of that First Appellate Court shows that the notice of the application for leading additional evidence was given to the defendants and the same was ordered to be heard along with the main appeal. However, that application was not decided before deciding the appeal itself. The First Appellate Court was required to decide that application before deciding the appeal itself. That itself is a ground for remanding the first appeal for deciding the same afresh after deciding the application filed by the plaintiff under Order 41 Rule 27 CPC for leading additional evidence. Accordingly the judgment and decree dated 10.2.1986 passed by Additional District Judge, Patiala is set aside and first appeal is remanded back to that Court for deciding the same afresh after deciding the application for additional evidence. The parties are directed to appear in that Court on 6.9.2011. The records be sent back forthwith to that Court. August 3, 2011 ( GURDEV SINGH ) ritu JUDGE