HAKAM SINGH Vs. SARWAN SINGH AND ORS.

JUDGEMENT

(1.) The grievance made in this appeal is that even though a contentious question relating to title of the property in dispute was involved in the appeal before the learned lower appellate Court, yet it dismissed the appeal in limine, without going through the record. In response to notice of motion, Mr. Sodhi has appeared on behalf of the Respondents and has submitted that this can be legally done.

(2.) After hearing the learned Counsel for the parties, I am of the view that in a civil appeal the learned lower appellate Court is the final Court of fact and it is not proper for it to give a finding of the fact without going through the evidence, I, therefore, allow this appeal, set aside; the judgment and decree passed by the learned lower appellate Court and remand the case to it for decision in accordance with law.

(3.) Parties through their learned Counsel are directed to appear before the said Court on March 16, 1981.