Jiya Lal (Dead) Thr Lrs & Ors vs Raj Kumar & Ors

Leave granted.

Heard counsel for the parties.

This  appeal  takes  exception to the judgment and order dated 06.02.2019 passed by the High Court of Punjab & Haryana at Chandigarh in RSA No. 857/1988.

For the nature of order we propose to pass, it is not necessary to dilate on the factual matrix of the case except to observe that the second appeal filed by the appellant(s) came to be dismissed despite the application preferred by the appellant(s) under Order 41 Rule 27 of the Code of Civil Procedure for production of certified copy of order dated 07.06.1986 passed by the Guardian Judge, Jind by way of additional evidence to establish that the respondent(s)/plaintiff(s) had knowledge of date of sale of property as the sale was after taking permission from the Guardian Judge.

Counsel for the appellant(s) has also invited our attention to the report accessed through the official website of the High Court which indicates that the stated application is still pending in the High Court.

The High Court in the impugned judgment has taken notice of the stated application and the contention urged by the appellant(s) in that regard. However, the High Court has not analyzed the efficacy of the said application or the argument pursued by the appellant(s).

As  aforesaid,  the  impugned  judgment has dealt with other issues without recording any observation in reference to the plea taken by the appellant(s) that the said document would go to the root of the matter.

We also place on record the argument of the counsel for the respondent(s) that the said document has no relevance to the matter in issue. However, that plea will have to be considered by the High Court in the first place.

Without expressing any opinion on the contentions of parties, we set aside the impugned judgment and order and relegate the parties before the High Court for reconsideration of the second appeal afresh on its own merits in accordance with law as expeditiously as possible, preferably within three months as the second appeal pertains to the year 1988.

All contentions available to the parties are left open.

The appeal and pending applications are accordingly disposed of.