M/S Gateway Rail Freight Ltd v. Kishan Singh & ORS

Civil Revision No.2051 of 2017 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Revision No.2051 of 2017 (O&M) Date of Order:27.04.2018 M/s Gateway Rail Freight Ltd.

..Petitioner

Versus

Kishan Singh and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Adarsh Jain, Advocate, for the petitioner.

Mr. Deepender Singh, Advocate, for respondent no.1.

ANIL KSHETARPAL, J(Oral) Defendants no.1 and 2 have filed this revision petition against the order passed by the learned trial court dated 22.2.2017, dismissing application under Order 6 Rule 16/17 of the Code of Civil Procedure. In the connected revision petition i.e. Civil Revision No.2050 of 2017, by an order of even date, this court has ordered that defendants no.3 and 4 shall stand deleted from the array of parties as defendant no.3 has been re-named as defendant no.1, whereas defendants no.2 and 4 are one and the same person however, Managing Directors of different companies. Learned counsel for respondent no.1 has pointed out that the plaintiff's evidence has been concluded.

In such situation, the revision petition is disposed of with a direction that defendant no.1 would be granted only one opportunity to file his amended written statement with respect to assertions made against defendants no.3 and 4 also. However, that would not result in de-novo trial Naresh Kumar 2018.05.03 14:28 I attest to the accuracy and integrity of this document Chandigarh

Civil Revision No.2051 of 2017 (O&M) -2and the court would make a sincere effort to expeditiously dispose of the suit as it is pending for the last 4 years.

April 27, 2018 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2018.05.03 14:28 I attest to the accuracy and integrity of this document Chandigarh