IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1138 of 2009 (O&M) Date of decision : 18.12.2009 Bhim Sain … Appellant Versus Ashok Kumar and another …Respondents CORAM : HON’BLE MRS.JUSTICE SABINA Present: Mr.Rakesh Nehra, Advocate for the appellant. Mr.Harim Om Attri, Advocate for the respondents. Sabina, J. The appellant-plaintiff had filed a suit for declaration alleging that the judgment and decree dated 8.9.2008 passed by Sub Judge 2nd Class, Hisar in civil suit No.601-C of 1988 were illegal and based on fraud. The suit filed by the plaintiff-appellant was dismissed by Civil Judge (Jr.Divn.), Hisar vide judgment and decree dated 9.1.2004. Aggrieved by the same, the appellant preferred an appeal. Vide judgment and decree dated 12.12.2008, the appeal filed by the plaintiff-appellant was dismissed by Additional District Judge, Hisar. During the pendency of the appeal before the Additional District Judge, Hisar, an application was filed by the appellant under Order 41 Rule 22 CPC for permission to lead additional evidence. However, while disposing of the appeal, the said application has not been decided by the learned Additional District Judge, Hisar. In order to ascertain this fact, the records of the lower courts were called. A perusal of the record of the civil appeal no.120/2006 reveals that the application under Order 41 Rule 27 CPC filed by the plaintiff-appellant have left undecided. In these circumstances, this appeal is liable to be allowed and the appeal is liable to be remanded back to the Additional District Judge, RSA No.1138 of 2009(O&M) Hisar to be decided afresh after disposed of the applications filed by the appellant under Order 41 Rule 27 CPC. Accordingly, this appeal is allowed and judgment and decree passed by the Additional District Judge, Hisar are set aside. Learned Additional District Judge, Hisar is directed to decide the appeal afresh along with the applications under Order 41 Rule 27 CPC. Parties are directed to appear before the appellate Court on 18.1.2010. [ Sabina ] Judge 18.12.2009 sd 2