Punjab State Power Corp Ltd & Anr vs Kulwant Rai
2023 Latest Caselaw 20747 P&H

Punjab-Haryana High Court

Punjab State Power Corp Ltd & Anr vs Kulwant Rai on 30 November, 2023

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                                   Neutral Citation No:=2023:PHHC:152235




115                                                               2023:PHHC:152235



       In the High Court of Punjab and Haryana, at Chandigarh


                          Regular Second Appeal No. 3619 of 2017 (O&M)

                                                  Date of Decision: 30.11.2023


Punjab State Power Corporation Limited and Another
                                                                   ... Appellant(s)

                                         Versus

Kulwant Rai
                                                                ... Respondent(s)

CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:      Mr. Parminder Singh, Advocate
              for the appellant(s).

              Mr. Ramneek Singh Baweja, Advocate
              for the respondent.

Anil Kshetarpal, J.

1. The Regular Second Appeal in the States of Punjab, Haryana

and Union Territory, Chandigarh is governed by Section 41 of the Punjab

Courts Act, 1918 and not by Section 100 of the Code of Civil Procedure,

1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi

(Dead) through LRs v. Chandrika and Others (2016) 6 SCC 157.

2. The learned counsel representing the parties are ad idem that

the First Appellate Court has failed in its duty to re-appreciate the evidence

and independently decide the appeal. They agree that the First Appellate

Court has reproduced the findings of the trial Court and concluded that there

is no ground to interfere. They further submit that the First Appellate Court

must have shown the conscious application of mind while deciding the case.

3. Without delving deeper into the intricate details of the issue, the

present appeal is allowed. The impugned judgment passed by the First 1 of 2

Neutral Citation No:=2023:PHHC:152235

2023:PHHC:152235

Appellate Court is set aside while requesting it to decide the appeal afresh

after re-appreciating the evidence in accordance with law.

4. The parties, through their learned counsel, are directed to

appear before the First Appellate Court on 18.12.2023.

5. The miscellaneous application(s) pending, if any, shall stand

disposed of.

(Anil Kshetarpal) Judge November 30, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No

Neutral Citation No:=2023:PHHC:152235

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