Advocates:
RAJESH GOYAL

1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL Nos.4926-4927 of 2021

(Arising out of SLP(C) Nos.580-581/2021)

BIR SINGH

APPELLANT(s)

VERSUS

VAKIL SINGH (DECEASED)

THROUGH HIS LEGAL HEIRS & ORS.

RESPONDENT(s)

O R D E R

Leave granted.

On 07.1.2021 while issuing notice we have passed

the following order:-

“Concurrent findings of the Courts below

were upset in second appeal by an order

which we cannot decipher! It is happened,

with due respect, by the learned Judge for

the nth time. We have thus no option but to

issue notice and stay the operation of the

impugned order.”

Learned counsel for the respondents cannot dispute

the aforesaid facts as recorded by us.

In our view thus the appropriate course would be

to set aside the impugned order and remit the matter

back for reconsideration but it be placed before a

Judge other than the one who had passed the impugned

order for fresh consideration.

The interim order which was operating during the

pendency of the second appeal would naturally stand

revived.

Digitally signed by Dr.

Mukesh Nasa

Date: 2021.08.25

17:43:45 IST

Reason:

S