Shadi Lal vs Municipal Committee Rewari

V.K. Bali, J.—It is not disputed that an application filed by the appellant under Order 41 Rule 27 CPC notice whereof was also given to the other side and the reply was also filed, was left undecided. The judgment under appeal, thus, deserves to be set aside on this short ground. The case is, thus, remitted to Additional District Judge, Rewari, who decided the matter to proceed with the case in accordance with law and redetermine the matter after deciding the application filed by the appellant under Order 41 Rule 27 Code of Civil Procedure

Since this case has been remitted to the Additional District Judge Rewari, the application filed by the appellant in this Court for appointment of Local Commissioner becomes infructuous. If so advised, the appellant may make similar application before the first Appellate Court which will be decided in accordance with law. The parties, through their counsel, are directed to appear before the Additional District Judge, Rewari on 21.2.94.