Udey Veer v. Ramesh Saluja And ORS

2023:PHHC:093110 In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 2863 of 2013 Date of Decision: 24.07.2023 Udey Veer Singh (Now Deceased) through his Legal Representatives ... Petitioner(s)

Versus

Ramesh Saluja and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. O.P.Goyal, Senior Advocate with Ms. Parul Aggarwal, Advocate for the petitioner(s).

Ms. Ridhi Bansal, Advocate for Mr. R.Kartikeya, Advocate for the respondent No.1.

Mr. Mohit Garg and Mr. Mohit Saini, Advocates for the respondent No.2 to 5.

Anil Kshetarpal, J.

1.

The learned counsel representing the parties have been heard at some length.

2.

The learned senior counsel representing the petitioner submits that the trial Court shall be directed to cull out a distinct issue on the maintainability of the subsequent suit under Order II Rule 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC"). He submits that the trial Court should be directed to decide the same independently without being influenced by the impugned order.

3.

The learned counsel representing the respondents have no objection to the aforesaid proposal.

DEEPAK KUMAR BHARDWAJ 2023.07.26 10:21 I attest to the accuracy and integrity of this document

2023:PHHC:093110 Civil Revision No. 2863 of 2013 4.

Keeping in view the aforesaid facts, the present revision petition is disposed of by directing the trial Court to frame a distinct issue on maintainability of the suit in view of the bar under Order II Rule 2 CPC, which shall be decided independently, in accordance with law, without being influenced by the impugned order.

(Anil Kshetarpal) Judge July 24, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.07.26 10:21 I attest to the accuracy and integrity of this document