S.A.O.No.26 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH S.A.O.No.26 of 2008 Date of Order: 20.10.2008 Jai Kishan Kaushal ...Appellant Versus Mohinder Kapil ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Suresh Goyal, Advocate for the appellant RAJIVE BHALLA, J (Oral). The appellant challenges the order dated 22.09.2008 passed by Additional District Judge, Barnala, accepting the appeal filed by the respodnent and setting aside the judgment and decree passed by the Civil Judge (Junior Division), Barnala, dated 03.04.2001 and remanding the case to the trial Court for adjudication aftresh, after grant of a reasonable opportunity to the respondent to produce evidence. Counsel for the appellant submits that, the respondent was granted three opportunities to lead evidence during the trial. The first appellate court should, therefore, have decided the appeal on merits instead of remanding it for adjudication afresh. I have heard counsel for the appellants and perused the impugned order. I find no reason whether in fact or of law to interfere with the impugned order. The Additional District Judge, Barnala accepted the appeal and set aside the judgment and decree passed by the trial Court, as adequate opportunity was not granted by the trial Court. The discretion S.A.O.No.26 of 2008 -2- exercised by the first appellate court is neither perverse nor arbitrary as grant of a reasonable opportunity is the sine qua non of a judicial adjudication. The impugned order does not suffer from any error whether in fact or of law. As a result the appeal is dismissed. However, the trial court is directed to make every endeavour to decide the suit within four months. October 20, 2008 (RAJIVE BHALLA) nt JUDGE