IN TH 221 Gurmeet K Dharamvir CORAM: Present:- NIDHI GU judgments filed by the both the Co for the app of the lo maintainab filed by the adduce add Appellate C merits, ther RSA-4563-2018 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Regular Second Appeal No.45 Date of decision :-27.03.202 meet Kaur and others Versus ramvir Singh (since deceased) throug AM:- HON'BLE MS. JUSTICE NI Mr. Kanwaljit Singh, Sr. Advo Mr. Jashan Preet Singh Deol, A for the appellants. Mr. Rohit Khullar, Advocate f HI GUPTA J. (Oral) The plaintiffs are in second ap ments and decrees of the learned Cour by the appellants for permanent injunc the Courts below. The short submission made b he appellants/plaintiffs is that the impu he lower first Appellate Court d tainable in view of the fact that the a by the appellants under Order 41 Rule ce additional evidence, has not been de ellate Court while deciding the first ts, thereby causing prejudice to the app 1 UNJAB AND HARYANA IGARH No.4563 of 2018 (O & M) .2026 …..Appellants through LRs and others …..Respondents E NIDHI GUPTA . Advocate with Deol, Advocate ocate for the respondents. ond appeal against the concurrent d Courts below, whereby the suit injunction has been dismissed by ade by learned Senior Counsel e impugned judgment and decree ourt dated 11.12.2017 is not t the application (Annexure A-1) 1 Rule 27 CPC for permission to een decided by the learned lower appeal of the appellants on the appellants. VIJAY ASIJA 2026.04.01 17.10 I attest to the accuracy and integrity of this document relies upon Singh vs. S Sanjiv Goe Id #191076 vs. Bhupin 2024(1) La it has been incumbent applicants f Grounds of thereof, wh present Sec the respon application the aforesa perusal of Order 41 Court was before dec application RSA-4563-2018 (O & M) In support, learned Senior C s upon the judgments of the Hon’ble vs. State of Haryana, (SC) : Law Fi Goel vs. Avtar S. Sandhu 2006(9) 91076; as well as the judgment of thi upinder Kaur (since deceased, thro ) Law Herald 574 Law Finder Doc s been held therein that while decid mbent upon the Appellate Court to de cants for leading additional evidence. Learned Senior Counsel in th nds of Appeal, in particular to the ave of, wherein this ground has been rais nt Second Appeal. It is also pointed respondents/defendants have even cation. Learned counsel for the respo foresaid facts, and legal position. Heard. Upon consideration of the su sal of the record, it is evident that t 41 Rule 27 CPC remained undec t was bound in law to first adjudicate re deciding the appeal on merits, cation could have had a material beari 2 nior Counsel for the appellants on’ble Supreme Court in Hakam w Finder Doc ID #146054; and 6(9) SCC 748 Law Finder Doc of this Court in Kanwaljit Singh through her LRs) and another r Doc Id #2564852 to submit that deciding the appeal, it is also t to decide the application of the ence. l in this regard also refers to the the averments made in Para 4(vi) en raised by the appellants in the inted out by learned counsel that even filed reply to the said respondents is unable to dispute the submissions made and from that the application filed under undecided. The First Appellate udicate upon the said application erits, as the outcome of that l bearing on the final decision. VIJAY ASIJA 2026.04.01 17.10 I attest to the accuracy and integrity of this document dated 11.12 are hereby Appellate application thereafter t year from t lower first be construe the learned be in a pos the date so March 27 Vijay Asija Whether spea Whether Repo RSA-4563-2018 (O & M) In view of the above, the impu 11.12.2017 passed by the learned ereby set aside. The matter is remand ellate Court to first consider and cation under Order 41 Rule 27 CPC in after to decide the appeal afresh on m from today. The parties are directed to irst Appellate Court on 23.4.2026 fo However, it is made clear that nstrued as an expression of opinion on The present appeal stands disp Pending application, if any, sta The Registry is directed to se earned first Appellate Court, immediat a position to appear before the learn ate so fixed. 7, 2026 ( N r speaking/reasoned Yes / No r Reportable Yes / No 3 e impugned judgment and decree rned lower first Appellate Court emanded back to the learned First r and decide the appellants’ CPC in accordance with law, and on merits within a period of one d to appear before the learned for further proceedings. ar that nothing stated above shall ion on the merits of the case. disposed of accordingly. ny, stands disposed of. d to send a copy of this order to mediately, so that the parties may learned first Appellate Court on ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.04.01 17.10 I attest to the accuracy and integrity of this document