Hakam Singh <br>Mohinder Kaur (D) by LRs. and Ors. <br>Nasib Singh and Ors. Vs. State of Haryana and Othe
EmailAppeal: Civil Appeal No. 2699 of 2008
[Arising out of Special Leave Petition (C) 6347 of 2007]
With
Civil Appeal No 2700 of 2008
[Arising out of Special Leave Petition (C) 6427 of 2007]
With
Civil Appeal No. 2701 of 2008
[Arising out of Special Leave Petition (C) 6348 of 2007]
[From the final Judgment and Order dated 26.07.2006 of the High Court of Punjab and Haryana at Chandigarh in Regular First Appeal No. 22 of 1989]
[Arising out of Special Leave Petition (C) 6347 of 2007]
With
Civil Appeal No 2700 of 2008
[Arising out of Special Leave Petition (C) 6427 of 2007]
With
Civil Appeal No. 2701 of 2008
[Arising out of Special Leave Petition (C) 6348 of 2007]
[From the final Judgment and Order dated 26.07.2006 of the High Court of Punjab and Haryana at Chandigarh in Regular First Appeal No. 22 of 1989]
Petitioner: Hakam Singh
Mohinder Kaur (D) by LRs. and Ors.
Nasib Singh and Ors.
Mohinder Kaur (D) by LRs. and Ors.
Nasib Singh and Ors.
Respondent: State of Haryana and Others
Apeal: Civil Appeal No. 2699 of 2008
[Arising out of Special Leave Petition (C) 6347 of 2007]
With
Civil Appeal No 2700 of 2008
[Arising out of Special Leave Petition (C) 6427 of 2007]
With
Civil Appeal No. 2701 of 2008
[Arising out of Special Leave Petition (C) 6348 of 2007]
[From the final Judgment and Order dated 26.07.2006 of the High Court of Punjab and Haryana at Chandigarh in Regular First Appeal No. 22 of 1989]
[Arising out of Special Leave Petition (C) 6347 of 2007]
With
Civil Appeal No 2700 of 2008
[Arising out of Special Leave Petition (C) 6427 of 2007]
With
Civil Appeal No. 2701 of 2008
[Arising out of Special Leave Petition (C) 6348 of 2007]
[From the final Judgment and Order dated 26.07.2006 of the High Court of Punjab and Haryana at Chandigarh in Regular First Appeal No. 22 of 1989]
Judges: Tarun Chatterjee & Harjit Singh Bedi, JJ.
Date of Judgment: Apr 09, 2008
Appearances:
Mr. G.S. Punia, Mr. Davender Mohan Verma and Ms. Minakshi Vij, Advocates for the Appellant.
Head Note:
Civil Laws
Civil Procedure Code, 1908
Order 41, Rule 27 – Compensation – Appeals filed against the order of Punjab and Haryana High Court for enhancement of compensation for the land acquired by respondents – Admitted position that application of additional evidence under Order 41, Rule 27 of the CPC was dismissed without considering the same. Held order set aside. Matter remitted back for fresh consideration.
Civil Procedure Code, 1908
Order 41, Rule 27 – Compensation – Appeals filed against the order of Punjab and Haryana High Court for enhancement of compensation for the land acquired by respondents – Admitted position that application of additional evidence under Order 41, Rule 27 of the CPC was dismissed without considering the same. Held order set aside. Matter remitted back for fresh consideration.
JUDGEMENT:
ORDER
1. Leave granted.
2. In spite of due service and opportunity to contest the appeal, no one has entered appearance in the appeal or contested the appeal at the time of hearing.
3. These appeals, by way of Special Leave, are filed against a final Judgment and order dated 26th of July 2006 passed in Regular First Appeal Nos. 22, 185 and 217 of 1989 by the High Court of Punjab and Haryana at Chandigarh, by which the First Appeals, filed at the instance of the appellant, were dismissed which were filed for enhancement of compensation for the land acquired by the respondents.
4. Without going into the facts in detail, these appeals can be disposed of on a very short point. It is an admitted position that an application under Order 41 Rule 27 of the Code of Civil Procedure (In short ‘Code’) for acceptance of additional evidence was filed before the High Court in the aforesaid First Appeals, which were dismissed by the High Court by the impugned order. However, the application for acceptance of additional evidence under Order 41 Rule 27 of the Code was not considered by the High Court while disposing of the appeal.
5. That being the position, without going into the legality and propriety of the impugned order of the High Court passed in the aforesaid appeals, we set aside the same and remit back the cases to the High Court for decision of the Appeals afresh on merits and in accordance with law along with the application for acceptance of additional evidence under Order 41 Rule 27 of the Code.
6. Accordingly, the impugned order is set aside. The High Court is requested to dispose of the First Appeals in the light of the observations and directions made hereinabove within three months from the date of supply of a copy of this Order along with application for acceptance of additional evidence under Order 41 Rule 27 of the
Code.
7. It is expected that the parties shall not be entitled to ask for adjournments on unsatisfactory grounds.
8. For the reasons aforesaid, the appeals are allowed to the extent indicated above. There will be no order as to costs.
1. Leave granted.
2. In spite of due service and opportunity to contest the appeal, no one has entered appearance in the appeal or contested the appeal at the time of hearing.
3. These appeals, by way of Special Leave, are filed against a final Judgment and order dated 26th of July 2006 passed in Regular First Appeal Nos. 22, 185 and 217 of 1989 by the High Court of Punjab and Haryana at Chandigarh, by which the First Appeals, filed at the instance of the appellant, were dismissed which were filed for enhancement of compensation for the land acquired by the respondents.
4. Without going into the facts in detail, these appeals can be disposed of on a very short point. It is an admitted position that an application under Order 41 Rule 27 of the Code of Civil Procedure (In short ‘Code’) for acceptance of additional evidence was filed before the High Court in the aforesaid First Appeals, which were dismissed by the High Court by the impugned order. However, the application for acceptance of additional evidence under Order 41 Rule 27 of the Code was not considered by the High Court while disposing of the appeal.
5. That being the position, without going into the legality and propriety of the impugned order of the High Court passed in the aforesaid appeals, we set aside the same and remit back the cases to the High Court for decision of the Appeals afresh on merits and in accordance with law along with the application for acceptance of additional evidence under Order 41 Rule 27 of the Code.
6. Accordingly, the impugned order is set aside. The High Court is requested to dispose of the First Appeals in the light of the observations and directions made hereinabove within three months from the date of supply of a copy of this Order along with application for acceptance of additional evidence under Order 41 Rule 27 of the
Code.
7. It is expected that the parties shall not be entitled to ask for adjournments on unsatisfactory grounds.
8. For the reasons aforesaid, the appeals are allowed to the extent indicated above. There will be no order as to costs.
