Full Judgment Text
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CASE NO.:
Appeal (civil) 2699 of 2008
PETITIONER:
Hakam Singh
RESPONDENT:
State of Haryana and Others
DATE OF JUDGMENT: 09/04/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
Non-Reportable
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]
Mohinder Kaur (D) by LRs. & Ors.
\005Appellants
Vs.
State of Haryana & Ors. \005
Respondents
With
Civil Appeal No2701 of 2008
[Arising out of Special Leave Petition (c) 6348 of 2007]
Nasib Singh & Ors. \005Appellants
Vs.
State of Haryana and Ors. \005Respondents
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
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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.