RSA No. 1021 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 1021 of 2011 (O&M) Date of decision: 17.11.2011 Kamaljit Singh ........ Appellant Versus Jaswinder Kaur and others ........ Respondents CORAM: HON'BLE MR.JUSTICE JORA SINGH Present: Mr. Balbir Singh, Advocate for the appellant. JORA SINGH, J. CM Nos. 12306-07-C of 2011 Applications are allowed as prayed for. Annexures A-11 to A-13 are taken on record. RSA No. 1021 of 2011 (O&M) Kamaljit Singh-appellant preferred this Regular Second Appeal to impugn the judgment and decree dated 24.9.2010, rendered by the learned Additional District Judge, Sangrur, whereby appeal against the judgment and decree dated 28.4.2004, passed by the leaned Civil Judge (Junior Division), Malerkotla, was dismissed. Learned counsel for the appellant submits that application RSA No. 1021 of 2011 (O&M) -2- dated 6.10.2009, under Order 6 Rule 17 CPC was filed by the appellant on the allegation that property in the hands of Mohan Singh was ancestral coparcenary property inherited from his father Shamsher Singh and Shamsher Singh had inherited the property from his father Jhaba Singh. Kamaljeet Singh-appellant being the son of Mohan Singh, as coparcener has got the right in the said property since the date of birth. Learned counsel for the appellant further submits that the said application under Order 6 Rule 17 CPC was not disposed of by the learned Ist Appellate Court and in view of the law laid down in 2009 (1) RCR (Civil) 253, “Jatinder Singh and another vs. Mehar Singh and others and Balbir Singh and another vs. Jatinder Singh and another” judgment and decree of the Ist Appellate Court, be set aside and the case be remanded back to the Ist Appellate Court for decision afresh. Vide order dated 29.4.2011, record of both the Courts' below was ordered to be requisitioned. Record was received and the same shows that application under Order 6 Rule 17 CPC dated 6.10.2009, was moved by the appellant but the same is still pending. After the application under Order 6 Rule 17 CPC, appeal was adjourned from time to time. No reply to the application on the file. On 26.5.2010, the learned Additional District Judge, Sangrur, i.e. the Ist Appellate Court, passed the order for arguments on the main appeal and application under Order 1 Rule 10 CPC but there is no application under Order 1 Rule 10 CPC. From 26.5.2010 till 30.8.2010 appeal was adjourned for arguments on the main appeal and on the application under Order 1 Rule 10 CPC. After some days appeal was dismissed on RSA No. 1021 of 2011 (O&M) -3- 24.9.2010. No reply to the application under Order 6 Rule 17 CPC and to the application under Order 1 Rule 10 CPC. In view of the authority cited by the learned counsel for the appellant, judgment and decree dated 24.9.2010, passed by the Ist Appellate Court, is ordered to be set aside. Case is remanded back to the Ist Appellate Court, with a direction to dispose of the application under Order 6 Rule 17 CPC moved by the appellant. After that the main appeal be disposed of in accordance with law. Appellant is directed to appear before the Ist Appellate Court on 19.12.2011. Registry is directed to send back the records of the Courts' below immediately. For the reasons record above, the instant Regular Second Appeal, stands disposed of. November 17, 2011 ( JORA SINGH ) rishu JUDGE