2025:HHC:6242-DB IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Revision No. 106 of 2023 Date of Decision: 17th March, 2025. Brahma Nand & Ors. .....Petitioners. Versus Chunni Lal & Ors. …..Respondents. Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioners: Mr. Bhupinder Gupta, Sr. Advocate with Mr. Ajeet Pal Jaswal, Advocate. For the Respondents: Mr. Tara Singh Chauhan, Sr. Advocate with Mr. Surya Chauhan, Advocate. Bipin Chander Negi, Judge The present petition has been preferred against the impugned order dated 03.12.2022 appended along with the present petition as Annexure P-5, whereby an application preferred under Order 23 Rule 1 read with Section 151 of the CPC filed by the present respondent/plaintiff has been allowed. 2. Heard counsel for the parties, perused the petition and the documents appended along with. 3. The application, in the case at hand, was filed on 03.12.2022, copy whereof has been placed on record as Annexure P-4. The same was taken up on 03.12.2022 itself. No notice of the same was given to the present 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2025:HHC:6242-DB petitioner/respondent before the trial Court. Hence, there arose no occasion for the present petitioners to file an appropriate response thereto. As a consequence whereof, orders were passed thereupon without granting an effective opportunity of hearing to the other side. 4. In the aforesaid backdrop, it is evident that rules of natural justice have been observed more in their breach rather in their observance. Therefore, impugned order dated 03.12.2022 is set aside and matter is remitted back to the learned First Appellate Court. 5. Parties are directed to appear before the learned First Appellate Court on 09.04.2025. On the said date, respondents before the said Court i.e. petitioners herein would be afforded an opportunity to file reply to the application filed under Order 23 Rule 1 read with Section 151 CPC by the appellant/plaintiff before the First Appellate Court (respondent herein). Reply be positively filed on or before 24.04.2025. No further extension of time would be granted thereafter. Replication thereto, if any, be filed on or before 07.05.2025 and the application be adjudicated on or before 30.05.2025. Pending miscellaneous application(s), if any, shall also stand disposed of. (Bipin Chander Negi) Judge 17th March, 2025 (Gaurav Rawat)