31 July 2009
Supreme Court
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DHARMANDER SINGH Vs STATE OF HARYANA

Case number: C.A. No.-005221-005221 / 2009
Diary number: 34014 / 2006
Advocates: KAILASH CHAND Vs NARESH BAKSHI


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    IN THE SUPREME COURT OF INDIA      CIVIL APPELLATE JURISDICTION

     CIVIL APPEAL NO.5221  OF 2009       (Arising out of SLP©No.2918 of 2007)

Dharmander Singh & Ors.             ----Appellants

Versus

State of Haryana & Anr.        ----Respondents

O R D E R

1. Leave granted.

2. In spite of due service upon the respondents, no one has appeared even today  

at the time of hearing of this appeal.

3. Having heard the learned counsel for the appellants and after going through  

the impugned order, we are of the view that the impugned order was passed by the  

Division  Bench of  the High Court  of  Punjab & Haryana at  Chandigarh  without  

applying its mind and without passing a reasoned order.  

4. That being the position, we set aside the impugned order and the matter is  

remitted back to the High Court for fresh decision in accordance with law.  It is  

expected that the High Court,  while deciding this matter after remand, shall give  

proper  reasons  and after  giving hearing to the parties,  pass  a  reasoned order  in  

accordance with law. The High Court is requested to dispose of the matter within  

three months from the date of supply of a copy of this order to it.

5. The appeal is allowed to the extent indicated above. There will be no order as  

to costs.    

  ……………………..J.        [Tarun Chatterjee]

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New Delhi;              ……………………..J. July 31, 2009.         [R.M.Lodha]