RSA-4514- IN THE HIG 225 Ashwani Ku Jarnail Singh CORAM: H Present: - NIDHI GUP 1. concurrent suit for recov 2. appellants th 546 dated application d of the Ist Ap duly taken n orders w.e.f. and decree d the main Ci decided the prejudice to -2016 (O&M) -1- E HIGH COURT OF PUNJAB AND HA RSA Date o ani Kumar Sachdeva and another Versus l Singh Sethi and others M: HON'BLE MS. JUSTICE NIDH Mr. Vikas Mohan Gupta, Advoc Mr. Vikas Jain, Advocate for th I GUPTA, J. (ORAL) The appellant-defendants are rrent judgments and decrees of both th recovery has been partly decreed. At the very outset, it is submitt ants that during the pendency of app ated 20.11.2014, the appellant/defen ation dated 25.01.2016 (at page Nos. 8 Ist Appellate Court) for leading additi aken note of by the learned District w.e.f. 25.01.2016 up to the date of p cree dated 16.04.2016. It is, however, ain Civil Appeal, the learned District d the said application moved by the ice to the appellants. ND HARYANA AT CHANDIGARH RSA-4514-2016 (O&M) Date of Decision: 29.04.2026 .… Appellants .... Respondents NIDHI GUPTA Advocate for the appellants. for the respondents. s are in second appeal against the both the District Court whereby the ubmitted by learned counsel for the of appeal bearing Civil Appeal No. t/defendants have also moved an Nos. 89 to 93 of the original record additional evidence which has been istrict Judge, Chandigarh in zimni e of passing of impugned judgment ever, submitted that while deciding istrict Judge, Chandigarh, had not by the appellants, thereby causing the the r the No. an cord een ent ding not sing RISHU KATARIA 2026.05.01 12:07 I attest to the accuracy and authenticity of this order/judgment. RSA-4514- 3. judgments o Haryana, (S S. Sandhu 2 judgment of Bharat Bhu to submit tha also incumb applicant for 4. refute or con appellants. 5. 6. perusal of th page Nos. 8 moved by undecided. T upon the sa outcome of t decision. 7. dated 16.04. hereby set a Judge, Cha 25.01.2016 -2016 (O&M) -2- In support, learned counsel for ents of the Hon’ble Supreme Court in a, (SC) : Law Finder Doc ID #1460 hu 2006(9) SCC 748 Law Finder D ent of a co-ordinate Bench this Cou Bhushan vs. Kulwant Singh and ot mit that it has been held therein that w cumbent upon the Appellate Court to ant for leading additional evidence. Learned counsel for the respo or controvert the aforesaid submissio Heard. Upon consideration of the s l of the record, it is evident that the ap Nos. 89 to 93 of the original record by the appellants for leading ad ided. The First Appellate Court was bo the said application before deciding e of that application could have had a In view of the above, the imp 16.04.2016 passed by the learned set aside. The matter is remanded , Chandigarh to first consider an 2016 (at page Nos. 89 to 93 of th el for the appellants relies upon the urt in (i) Hakam Singh vs. State of 146054; (ii) Sanjiv Goel vs. Avtar er Doc Id #191076; as well as the s Court in CR-7922-2025 titled as nd others, decided on 06.11.2025, that while deciding the appeal, it is ourt to decide the application of the respondent-plaintiffs is unable to missions of learned counsel for the the submissions made and from application dated 25.01.2016 (at record of the Ist Appellate Court) ing additional evidence remained was bound in law to first adjudicate iding the appeal on merits, as the e had a material bearing on the final he impugned judgment and decree District Judge, Chandigarh is anded back to the learned District er and decide application dated of the original record of the Ist the of tar the d as it is f the e to the rom 6 (at ined cate the final cree trict ated Ist RISHU KATARIA 2026.05.01 12:07 I attest to the accuracy and authenticity of this order/judgment. RSA-4514- Appellate Co in accordanc merits within 8. Judge, Chan 9. construed as 10. 11. learned Dist be in a positi the date so f both the Dist 12. 29.04.2026 rishu -2016 (O&M) -3- late Court) moved by the appellants fo ordance with law, and thereafter to within a period of one year from today The parties are directed to appe , Chandigarh on 26.05.2026 for further However, it is made clear that ued as an expression of opinion on the The present second appeal stand The Registry is directed to sen District Judge, Chandigarh, immedi position to appear before the learned te so fixed. Registry is also directed t he District Courts, along with the copy Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable ants for leading additional evidence ter to decide the appeal afresh on today. o appear before the learned District further proceedings. r that nothing stated above shall be on the merits of the case. l stands disposed of accordingly. to send a copy of this order to the mmediately, so that the parties may arned District Judge, Chandigarh on cted to return the original record of copy of this order. any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No ence on trict ll be the may on d of RISHU KATARIA 2026.05.01 12:07 I attest to the accuracy and authenticity of this order/judgment.