LAWS(P&H)-1999-9-98

GRAM PANCHAYAT Vs. CHAMBEL SINGH

Decided On September 21, 1999
GRAM PANCHAYAT Appellant
V/S
CHAMBEL SINGH Respondents

JUDGEMENT

(1.) With the assistance rendered by the learned counsel for the parties, I have gone through the impugned judgment dated 14.2.1998, passed by the Court of Additional District Judge, Karnal, who remanded the case to the trial Court for the reasons given in para No. 10 of the judgment of the Additional District Judge reads as under:-

(2.) I have gone through the reasons advanced by the learned first Appellate Court and am of the considered opinion that the learned appellate Court was not justified in remanding the case to the trial Court. The lacunas are not supposed to be filled in by the appellate Courts. The re-trial in this case was not necessary. In this view of the matter, I allow this appeal, set aside the judgment of the first appellate Court, dated 14.2.1998 and direct the first appellate Court to re-admit the appeal to its original number and dispose of the same according to law after giving notice to both the parties.

(3.) The parties through their counsel are directed to appear before the first appellant Court, Karnal, on 15.10.1999. Copy of the order be given Dasti.