S.D.Anand, J.

1. Learned counsel appearing on behalf of the petitioner had made an averment at the motion hearing that the verdict of the Appellate Authority deserves invalidation on account of the fact that a plea filed by the petitioner under Order 41 Rule 27 C.P.C. remained undisposed of.

2. That averment on facts is not contested by the learned counsel appearing on behalf of the Caveator respondent.

3. There is plethora of law to support the averment on behalf of the petitioner that the matter would, in the given circumstances, require remand. The judicial pronouncements reported as Jagir Kaur v. Nirmal Singh, (1993-2)104 P.L.R. 375, Shadi Lal and others v. Municipal Committee, Rewari, (1994-1)106 P.L.R. 633, Sadhu Ram Verma v. Pawan Kumar, 2006(2) R.C.R. 95, Rajbir Singh v. Virender Singh and others, (1996-1)112 P.L.R. 703, Charan Singh and another v. Jagtar Singh and others} (1999-1)121 P.L.R. 719, and Jatinder Singh and another minor through mother v. Mehar Singh and others, J.T. 2008(11) S.C. 30 are supportive of that averment.

4. In the light of the facts noticed above, judgment dated 14.12.2009 shall stand set aside. The matter is remanded to the learned Appellate