LPA No. 12 of 2006. 16.9.2008. Present: Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, Dy. Advocate General, for the appellant. Mr. Rajesh Saxena, Advocate, for respondents No.1 to 7. Heard learned counsel for the parties. The impugned order before us is dated 19th April, 2004 whereby the application for modification of judgment dated 24th December, 2003 was not entertained by the learned Single Judge and was rejected on the ground that the document sought to be relied upon by the State was not part of the record at the time of filing of the writ petition ignoring the fact that the permission for modification was granted by direction No. (v) of judgment dated 24th December, 2003. We would not like to make any comment on the modification application or the document filed therein because it may prejudice the rights of the parties before the learned Single Judge. However, since the permission was already granted to the parties to move an application for the modification, the application along with the document was required to be considered by the learned Single Judge in accordance with law. Accordingly, the interest of justice will suffice if the modification application along with the document filed be placed for consideration before the learned Single Judge and thereafter the same be decided in accordance with law and on merits preferably within a period of one month from the date of the listing of the case, as agreed to by the learned counsel for the parties. In light of the above, the matter is remanded to the learned Single Judge and the appeal stands disposed of with the observations made hereinabove. The period of one month’s time referred to hereinabove would be excluded in case the parties seek some time or adjournment in the matter. At this stage, since we had not made any scrutiny of the merit of the judgment dated 24th December, 2003, it would be open for the State to challenge both the order and the judgment, if they are so advised at the time of the passing of the final order on the modification application. (Jagdish Bhalla), C.J. 16th September, 2008. (Kuldip Singh), J. (tr)