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High Court of Punjab and HaryanaCR/1639/2017disposed of

V.K. Gupta & ORS v. S.M. Sharma & ORS

2018-03-06Mr. Justice Arun Monga4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 06.03.2018 1.

CR No.1639 of 2017 (O&M) V.K. Gupta and others ... Petitioner(s)

Versus

S.M. Sharma and others ... Respondent(s) 2.

CR No.1640 of 2017 (O&M) V.K. Gupta and others ... Petitioner(s)

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S.M. Sharma and others ... Respondent(s) 3.

CR No.1641 of 2017 (O&M) V.K. Gupta and others ... Petitioner(s)

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Des Raj Rana and others ... Respondent(s) 4.

CR No.1642 of 2017 (O&M) V.K. Gupta and others ... Petitioner(s)

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Susham Lata and others ... Respondent(s) 5.

CR No.1643 of 2017 (O&M) V.K. Gupta and others ... Petitioner(s)

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Krishan Saroop and others ... Respondent(s)

6.

CR No.1644 of 2017 (O&M) V.K. Gupta and others ... Petitioner(s)

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Des Raj Rana and others ... Respondent(s) 7.

CR No.1645 of 2017 (O&M) V.K. Gupta and others ... Petitioner(s)

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Des Raj Rana and others ... Respondent(s) 8.

CR No.1646 of 2017 (O&M) V.K. Gupta and others ... Petitioner(s)

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Des Raj Rana and others ... Respondent(s) 9.

CR No.1647 of 2017 (O&M) V.K. Gupta and others ... Petitioner(s)

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Des Raj Rana and others ... Respondent(s) 10.

CR No.1843 of 2017 (O&M) V.K. Gupta and others ... Petitioner(s)

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Des Raj Rana and others ... Respondent(s)

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Kamal K. Sharma, Advocate for the petitioner(s).

Ms. Priyanka Dalal, Advocate for the respondent(s)-Registrar Cooperative Societies.

AMIT RAWAL, J. (ORAL) This order of mine shall dispose of ten revision petitions bearing CR No.1639 of 2017 titled as "V.K. Gupta and others V/s S.M. Sharma and others", CR No.1640 of 2017 titled as "V.K. Gupta and others V/s S.M. Sharma and others", CR No.1641 of 2017 titled as "V. K. Gupta and others V/s Des Raj Rana and others", CR No.1642 of 2017 titled as "V. K. Gupta and other V/s Susham Lata and others", CR No.1643 of 2017 titled as "V. K. Gupta and others V/s Krishan Saroop and others", CR No.1644 of 2017 titled as "V. K. Gupta and others V/s Des Raj Rana and others", CR No.1645 of 2017 titled as "V. K. Gupta and others V/s Des Raj Rana and others", CR No.1646 of 2017 titled as "V. K. Gupta and others V/s Des Raj Rana and others", CR No.1647 of 2017 titled as "V. K. Gupta and others V/s Des Raj Rana and others, and CR No.

1843 of 2017 titled as "V.K. Gupta and others V/s Des Raj Rana and others", filed at the instance of the petitioner(s)-defendant(s) against the impugned order dated 06.01.2017 (Annexure P-1), declining the application under Order 7 Rule 10 of the Code of Civil Procedure on the ground that the plaintiff(s) had an alternative remedy of appeal, much less, the civil court did not have the jurisdiction.

The impugned order in the aforementioned revision petitions was passed on 06.01.2017.

It has been brought to the notice of this Court that the issue has already been framed and the parties have led evidence. In view thereof, the suit has reached at the stage of final arguments and all the objections raised in the application have also been taken in the written statement. Keeping in view the aforementioned facts and without delving

upon the merits and demerits of the case, which is subjudiced before the trial Court, I deem it appropriate to dispose of the revision petitions by upholding the impugned order, under challenge, with a direction to the trial Court to decide the suit by permitting the petitioner(s) to take all possible pleas at the time of the argument of the suit. The revision petitions stand disposed of in the aforementioned terms.

( AMIT RAWAL) JUDGE 06.03.2018  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No