E.S.A. No.14 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. E.S.A. No.14 of 2008 Date of Decision: 24.08.2009 Ravinder Singh ....Appellant Versus Jaspal Singh and another ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Akshay Bhan, Advocate for the appellant. Mr. Avnish Mittal, Advocate for respondent No.1. Mr. Hari Om Sharma, Advocate for respondent No.2. ***** 1. Whether Reporters of Local Newspapers 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 ? ** NIRMALJIT KAUR, J. (ORAL) The present Execution Second Application has been filed for setting aside the impugned Order dated 10-09-2008 passed by Additional District Judge, Yamuna Nagar at Jagadhri, as well as, the Order dated 24-05-2008 passed by Civil Judge (Sr. Divn.), Jagadhri. Learned counsel for the appellant, while raising his solitary argument, submitted that the Order dated 10-09-2008 has been passed on the ground of limitation and the appeal against the order dated 24-05-2008 passed by Civil Judge (Sr. Divn.), Jagadhri, has not been decided on E.S.A. No.14 of 2008 2 merits but dismissed as being barred by limitation. It is not denied that the said appeal was dismissed duly on the ground of limitation. The arguments of the learned counsel for the parties have been noted on merits but the said question has not been adjudicated upon. Thus, having heard learned counsel for the parties and taking into account the law, well settled, I am satisfied that the order dated 10-09-2008 passed by Additional District Judge, Yamuna Nagar at Jagadhri, should be set aside and the matter be remanded back to decide the same on merits. The right of the parties cannot be allowed to be defeated on technical grounds. The merits, rights equity should be kept in mind while condoning the delay. In view of the same, the order dated 10-09-2008 passed by Additional District Judge, Yamuna Nagar at Jagadhri is set aside. The parties are directed to appear before the Additional District Judge, Yamuna Nagar at Jagadhri on 07-09-2009. Taking into account the fact that the litigation is pending since long, let the appeal be decided on merits within two months from the date of appearance. Disposed of accordingly. (NIRMALJIT KAUR) 24.08.2009 JUDGE gurpreet