Permod Kohli, J. - (1.) During the hearing of the Regular Second Appeal, learned Counsel for the appellants has brought to my notice the observations of the First Appellate Court as recorded in para Nos. 19 and 20 of the impugned judgment, whereby the Appellate Court rejected the objections filed by the present appellants in respect to the report of the trial Court forwarded in terms of the judgment of this Court dated 30.4.2003 in S.A.O. No. 16 of 1995. It is relevant to note here that earlier the 1st Appellate Court had decided the appeal on merits and in 2nd appeal S.A.O. No. 16 of 1995, this Court remanded the case to the first Appellate Court, on the basis of an agreed order. By virtue of the above said order, the First Appellate Court was directed to rehear the appeal after seeking report on other issues from the trial Court. It is not in dispute that the report from the trial Court was received by the First Appellate Court and objections were invited from the present appellant. Unfortunately, the First Appellate Court rejected the objections on the ground of pendency of the litigation for the last more than 15 years and also on the ground that the objections were not supported by an affidavit.
(2.) Such an approach of the First Appellate Court is not appreciable. When the High Court remanded the case with clear directions, it was incumbent for the 1st Appellate Court to have proceeded according to remand order. Court below has rejected the objections on the ground of long pendency and on other technical ground of non verification of the objections. Learned Counsel appearing for the respondents has shown no ruling or law, which requires that such objections have to be verified or even supported by an affidavit. The First Appellate Court ought to have considered the objections on merits and if there was any factual error an inference could be drawn for not filing affidavit in support thereof.
(3.) For the reasons as stated above, I am of the opinion that non -consideration of objections by 1st appellate Court has caused failure of justice. Thus, the impugned order is set aside. First Appellate Court is directed to decide the objections filed in respect of the report of the trial Court and after re -hearing the matter pass a fresh judgment within a period of four months from the date of appearance of parties before it. Appeal is allowed. Parties are directed to appear before the First Appellate Court on 31.8.2007.;