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CASE NO.: Appeal (civil)  2699 of 2008

PETITIONER: Hakam Singh

RESPONDENT: State of Haryana and Others

DATE OF JUDGMENT: 09/04/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT O R D E R Non-Reportable

Civil Appeal No 2699 of 2008 [Arising out of Special Leave Petition (c) 6347 of 2007] With  Civil Appeal No 2700 of 2008 [Arising out of Special Leave Petition (C) 6427 of 2007] Mohinder Kaur (D) by LRs. & Ors.                            \005Appellants  Vs.  State of Haryana & Ors.                           \005  Respondents  With Civil Appeal No2701  of 2008 [Arising out of Special Leave Petition (c) 6348 of 2007] Nasib Singh & Ors.                                  \005Appellants  Vs.  State of Haryana and Ors. \005Respondents                                

1.      Leave granted.   2.      In spite of due service and opportunity to contest  the appeal, no one has entered appearance in the appeal  or contested the appeal at the time of hearing.   3.      These appeals, by way of Special Leave, are filed  against a final Judgment and order dated 26th of July  2006 passed in Regular First Appeal Nos. 22, 185 and  217 of 1989 by the High Court of Punjab and Haryana at  Chandigarh, by which the First Appeals, filed at the  instance of the appellant, were dismissed which were  filed for enhancement of compensation for the land  acquired by the respondents.   4.      Without going into the facts in detail, these appeals  can be disposed of on a very short point.  It is an  admitted position that an application under Order 41  Rule 27 of the Code of Civil Procedure (In short  "CODE") for acceptance of additional evidence was filed  before the High Court in the aforesaid First Appeals,  which were dismissed by the High Court by the  impugned order.  However, the application for  acceptance of additional evidence under Order 41 Rule  27 of the CODE was not considered by the High Court  while disposing of the appeal.   5.      That being the position, without going into the  legality and propriety of the impugned order of the High  Court passed in the aforesaid appeals, we set aside the

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same and remit back the cases to the High Court for  decision of the Appeals afresh on merits and in  accordance with law along with the application for  acceptance of additional evidence under Order 41 Rule  27 of the CODE.   6.      Accordingly, the impugned order is set aside.  The  High Court is requested to dispose of the First Appeals in  the light of the observations and directions made  hereinabove within three months from the date of supply  of a copy of this Order along with application for  acceptance of additional evidence under Order 41 Rule  27 of the CODE.   7.      It is expected that the parties shall not be entitled to  ask for adjournments on unsatisfactory grounds.   8.      For the reasons aforesaid, the appeals are allowed  to the extent indicated above.  There will be no order as  to costs.