IN TH 126 Paramjit S Kuldeep CORAM: Present:- NIDHI GU concurrent whereby th and manda the appella before the also filed a additional e at page 79 Appeal, th application appellant. RSA-4204-2025 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Regular Second Appeal No.4 Date of decision :-16.03.202 mjit Singh Versus eep Kaur and another AM:- HON'BLE MS. JUSTICE NI Mr. Rajinder Goel, Advocate for the appellant. HI GUPTA J. (Oral) Defendant No.1 is in sec urrent judgments and decrees of t eby the suit filed by the respondent N andatory injunction has been decreed At the very outset, it is submi ppellant that alongwith his Civil Ap re the Additional District Judge, Cha filed an application under Order 41 rul ional evidence. It is pointed out that t ge 79 of the LCR. It is submitted th eal, the learned first Appellate Court cation moved by the appellant, thereb llant. 1 UNJAB AND HARYANA IGARH l No.4204 of 2025 (O & M) .2026 …..Appellant …..Respondents E NIDHI GUPTA ocate in second appeal against the of the learned Courts below dent No.1/plaintiff for permanent ecreed by both the Courts below. submitted by learned counsel for vil Appeal dated 16.5.2025 filed e, Chandigarh, the appellant had 41 rule 27 CPC for production of t that the said application is borne tted that while deciding the Civil Court had not decided the said thereby causing prejudice to the VIJAY ASIJA 2026.03.18 11.54 I attest to the accuracy and integrity of this document the judgme State of H Goel vs. A #191076; a Bhupinder 2024(1) La it has been incumbent applicant fo of Appeal, wherein th Second Ap of notice o further del submission application The First A the said ap outcome of final decisi RSA-4204-2025 (O & M) In support, learned counsel fo udgments of the Hon’ble Supreme C of Haryana, (SC) : Law Finder Do vs. Avtar S. Sandhu 2006(9) SCC 076; as well as the judgment of this C nder Kaur (since deceased, throug ) Law Herald 574 Law Finder Doc s been held therein that while decid mbent upon the Appellate Court to de cant for leading additional evidence. Learned counsel in this regard ppeal, in particular to the averments ein this ground has been raised by th nd Appeal. Heard. After hearing learned counsel otice of motion is dispensed with at er delay in disposal of the case. issions made and from perusal of the cation filed under Order 41 Rule 27 First Appellate Court was bound in la said application before deciding the me of that application could have ha decision. 2 nsel for the appellant relies upon eme Court in Hakam Singh vs. r Doc ID #146054; and Sanjiv SCC 748 Law Finder Doc Id this Court in Kanwaljit Singh vs. rough her LRs) and another r Doc Id #2564852 to submit that deciding the appeal, it is also t to decide the application of the regard also refers to the Grounds rments made in Para 8 thereof, d by the appellant in the present ounsel for the appellant, issuance h at this stage, as it will cause Upon consideration of the of the record, it is evident that the le 27 CPC remained undecided. d in law to first adjudicate upon g the appeal on merits, as the ave had a material bearing on the VIJAY ASIJA 2026.03.18 11.54 I attest to the accuracy and integrity of this document dated 12.11 are hereby Appellate application thereafter t year from t Appellate C be construe the learne immediatel the learned March 16 Vijay Asija Whether spea Whether Repo RSA-4204-2025 (O & M) In view of the above, the impu 12.11.2025 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 app ellate Court on 05.05.2026 for further p 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 learned first Appellate Court an ediately, so that the parties may be in earned first Appellate Court on the date 6, 2026 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 appellant’s CPC in accordance with law, and on merits within a period of one to appear before the learned first rther 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 nd the respondents herein, be in a position to appear before he date so fixed. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.03.18 11.54 I attest to the accuracy and integrity of this document