NIRMAL SWARAN SINGH Vs. ROZU UD DIN

JUDGEMENT

(1.) Suit No. 432 of 1990 Rozu-ud-din and another v. Smt. Nirmal Swaran Singh was filed in the court of Civil Judge, Saharanpur, for specific performance of a contract dated 20-9-1985. The suit was transferred to the court of IV Addl. Civil Judge, Saharanpur. The suit was decreed on 29-5-1992. Aggrieved by the judgment and decree of the trial court, Smt. Nirmal Swaran Singh filed First Appeal No. 528 of 1992, which was heard at the admission stage by a Division Bench of this Court comprising of Hon'ble G. D. Dube and Hon'ble G.S.N. Tripathi, JJ. On a perusal of the order sheet of the case it would appear that the appeal was heard at the admission stage on 18-8-1992. On 24-8-1992 two conflicting judgments were pronounced, signed and dated by two Hon'ble Judges. While the appeal was dismissed by Hon'ble G.S.N. Tripathi, J., the senior Judge Hon'ble G. D. Dube admitted the appeal and passed orders for staying the execution of the trial court decree. Thereafter, on the same day both the Hon'ble Judges passed the following orders on the order sheet :-

(2.) The file was placed before the Hon'ble the Chief Justice on 25-8-1992, who passed the following order :- "List before Hon'ble B. P. Singh, J. for opinion."

(3.) It is in this background that this appeal came up for opinion before this Court.