Punjab-Haryana High Court
Dalwinder Singh vs Bakhtaur Singh And Ors on 8 January, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:001493
2024:PHHC:001493
206-1 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1.SAO-16-2013 (O&M)
Dalwinder Singh
....Appellant
Versus
Bakhtaur Singh and others
..Respondents
2.SAO-17-2013 (O&M)
Dalwinder Singh
....Appellant
Versus
Bakhtaur Singh and others
..Respondents
Date of decision: 08.01.2024
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:- Mr. S.S.Salar, Advocate for the appellant
Mr. Arihant Jain, Advocate for respondent no.1 and 2
ANIL KSHETARPAL, J (Oral)
1. By this order, two Second Appeals against Order i.e
SAO-16-2013 and SAO-17-2013 shall stand disposed of. These two
connected appeals have been filed against a common order passed
by the Additional District Judge, while remanding the cases back to
the trial court.
2. In order to comprehend the issue involved in the
present case, some relevant facts, in brief, are required to be noticed.
Smt. Charanjit Kaur wife of Sh.Bachittar Singh was owner of the
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property in dispute. She is stated to have entered into two different
alleged agreements to sell; one in favour of Sh.Bakhtaur Singh and
Sh.Gurdeep Singh and second in favour of Dalwinder Singh in
respect of the suit property. The suit filed by Sh.Bakhtaur Singh and
Sh.Gurdeep Singh for the specific performance of the agreement to
sell was decreed on 16.09.2009 whereas the suit filed by
Sh.Dalwinder Singh was decreed on 25.10.2011. During the
pendency of the suit filed by Sh.Dalwinder Singh, Sh.Bakhtaur
Singh and Sh.Gurdeep Singh filed an application under Order I Rule
10 of the Code of Civil Procedure, 1908, with a prayer to implead
them as defendants, which was dismissed by the trial court. They
filed a revision petition (CR-6765-2011 titled as 'Bakhtaur Singh
and another vs. Dalwinder Singh and another') in which further
proceedings before the trial court were stayed. However, in the
meantime, the suit was decreed in favour of Sh.Dalwinder Singh.
On 23.07.2012, the revision petition was disposed of with the
following order:-
"Counsel for respondent
No.1/plaintiff states that this revision petition has
been rendered infructuous because the suit out of
which this revision petition has arisen, has since
been decreed and even first appeal has been
preferred by proforma respondent
No.2/defendant.
In view of the aforesaid, the instant
revision petition is disposed of as having been
rendered infructuous with liberty to the
petitioners to approach lower appellate court for
proper relief in accordance with law and if they
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do so, impugned order of the trial court shall
have no bearing on adjudication of their claim."
3. Sh.Bakhtaur Singh and Sh.Gurdeep Singh filed an
appeal against the judgment and decree passed in favour of
Sh.Dalwinder Singh on 25.10.2011, which was accepted and the
matter has been remitted back to the trial court to decide afresh.
4. Learned counsel representing the appellant submits that
the First Appellate Court has erred in remanding the case back to the
trial court for calling the report.
5. This Court has considered the submissions made by the
learned counsel representing the parties.
6. In this case, re-trial of the entire case shall be necessary
in order to determine, who has a superior right amongst the
purchasers namely Sh.Dalwinder Singh or Sh.Bakhtaur Singh and
Sh.Gurdeep Singh. Sh.Bakhtaur Singh and Sh.Gurdeep Singh have
to be given an opportunity to file the written statement and cross-
examine the witnesses produced by the plaintiff. They have also to
be granted opportunity to produce their evidence.
7. In these circumstances, only calling a report from the
trial court would not be sufficient.
8. Keeping in view the aforesaid facts, no ground to
interfere is made out.
9. Hence, dismissed.
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10. All the pending miscellaneous applications, if any, are
also disposed of.
08.01.2024 (ANIL KSHETARPAL)
rekha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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