Gamchu vs Sohan Lal and Others

Swatanter Kumar, J.—Heard the learned counsel for the parties.

Learned counsel for the appellant relies upon judgments of this Court in case Shadi Lal and Ors. v. Municipal Committee (1994) 106 PLR 633 and Jagir Kaur and Another Vs. Nirmal Singh and Another, . On the other hand the learned counsel for the respondents has not been able to cite any judgment to the contrary. It is not disputed before me by the learned counsel for the respondents that an application for appointment of Local Commissioner was filed before the 1st Appellate Court and without disposing of that application either way, the learned 1st Appellate Court proceeded to pass the impugned judgment and decree. The disposal of such an application, in view of settled principles was certainly essential and the 1st Appellate Court should have passed an order in that behalf. At this stage and in view of settled position of law, I do not consider it necessary to comment upon the judgment and decree of 1st Appellate Court on merits. The judgment and decree of 1st Appellate Court is set aside and the case is remanded back to the learned 1st Appellate Court with the direction to first dispose of the application filed by the appellant for appointment of Local Commissioner in accordance with law and then proceed and determine the matter on merits.

In result this appeal is accepted to this limited extent aforestated. There shall be no order as to costs.