IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.1717-C of 2007 CM No.1883-C of 2009 & RSA No.2531 of 2007 Decided on : 06.11.2009 Balbir Singh ... Appellant versus Vinod Kumar & others ...Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Kulvir Narwal, Advocate for the appellant. Mr. R.S.Mittal, Sr. Advocate for respondents No.1 & 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? AJAY TEWARI, J. (ORAL) On 22.04.2008, the following order was passed: “Learned counsel for the appellant contends that the judgment dt. 31.01.2005 rendered by the competent court of law was placed on the file before the first appellate court by way of additional evidence. The application moved in that behalf was not decided in spite of the fact that the reply of the same was also filed by the opposite side and the aforesaid judgment being a subsequent event has bearing on the merits of the case in hand. Notice of motion for 01.09.2008. In the meantime, status quo shall be maintained with regard to alienation of the suit property.” Learned senior counsel appearing on behalf of the respondents is not in a position to deny that this application was RSA No.2531 of 2007 -2- not decided by the ld. Lower Appellate Court. With regard to the application sought to be pressed by the appellant, an affidavit has been filed by the counsel who had appeared for the present respondents in the first appeal stating that in fact the said application was not pressed before the ld. Lower Appellate Court. In my opinion, even if that be so, the lower appellate court would have to pass an order stating that the application was dismissed not having been pressed. In these circumstances, it would be in the interest of justice if on this limited ground the appeal is allowed and the matter is remanded back to the ld. Lower Appellate Court for fresh decision after consideration of the application/s for additional evidence. The judgment and decree of the courts below are set aside. Parties through counsel are directed to appear before the District Judge, Jhajjar on 03.12.2009. Ld. District Judge is requested to keep the appeal on his own board and decide the same within a period of six months. Since the main case has been decided, all the pending civil miscellaneous applications if any, stand disposed of. November 06, 2009 (AJAY TEWARI) sonia JUDGE