HAZARA SINGH Vs. NAZAR SINGH

JUDGEMENT

(1.) Appellant - plaintiff being aggrieved of judgment and decree dated 26.02.1983 passed by the learned Additional District Judge, Amritsar whereby judgment and decree dated 30.09.1977 passed in the appellants' favour by the learned Subordinate Judge First Class, Patti, has been set aside, filed the present regular second appeal. This appeal was allowed in the appellant's favour on 27.01.2012, the impugned judgment and decree dated 26.02.1983 was set aside while judgment and decree dated 30.09.1977 passed by the learned trial Court was upheld. The respondents being aggrieved challenged the same before the Hon'ble Supreme Court. Civil Appeal No. 7002 of 2016 arising out of SLP (Civil) No. 17792 of 2012 was disposed of on 26.07.2016. Judgment dated 27.01.2012 vide which the present appeal was allowed was set aside on the ground that it was decided without framing the questions of law. The matter was remanded to this Court, to be decided afresh, after framing the questions of law and hearing the concerned parties. The present appeal has, thus, been listed for hearing.

(2.) Learned counsel for the appellants contended that though substantial questions of law are indeed involved for adjudication in this appeal as there is complete misreading of the evidence on record due to which the learned Additional District Judge, Amritsar has set aside the well reasoned judgment and decree dated 30.09.1977 passed by the learned Subordinate Judge First Class, Patti, however, in view of the judgment of the Hon'ble Supreme Court in Pankaiakshi (Dead) through LRs and others versus Chandrika and others 2016 (2) RCR (Civil) 245 and Kirodi (since deceased) through his LR versus Ram Parkash and others in Civil Appeal No. 4988, SLP(c) No. 11527 of 2019 the questions of law need not be framed, therefore, is no necessity of hearing of this appeal yet again and decision dated 27.01.2012 be maintained. It is further contended that there are specific grounds for interference as per Section 41 of the Punjab Courts Act and this appeal was rightly allowed on 27.01.2012.

(3.) Per contra learned counsel for the respondents submits that once decision dated 27.01.2012 has been specifically set aside and the matter remanded for a decision afresh after hearing the parties, the matter is to be heard in its entirety and decided accordingly.