Surji Devi v. Rajesh Yadav And Others

2023:PHHC:075170 CR-3382-2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR-3382-2018 (O&M) Date of decision: May 24, 2023 Surji Devi ....Petitioner versus Rajesh Yadav and others ....Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Ishan Aggarwal, Advocate for Mr. Sudhir Aggarwal, Advocate for petitioner. Mr. Devender Kumar, Advocate for respondents No.1 and 2. ***** ARUN MONGA, J. (ORAL)
Petition hereininter alia is for setting aside order dated 18.04.2018 (Annexure P-4) passed by learned Civil Judge (Junior Division), Gurugram, whereby application under Order VI Rule 17 of Civil Procedure Code, 1908 for amendment of plaint filed by respondents No.1 and 2/plaintiffs, was allowed. 2.

Revision was filed way back in the year 2018 and merely notice of motion was issued without any interim orders qua trial which was pending. Today, case is fixed for arguments. When taken up for hearing, both learned counsels plead lack of instructions and they are unable to assist. On a Court query, both counsels are unable to inform as regards to the status of trial since it has been 5 years when notice of motion was issued in the instant petition. 3.

Be that as it may, revision petition is dismissed for non-prosecution with liberty to revive in case anything survives. 4.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE May 24, 2023 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2023.05.25 16:17 I attest to the accuracy and authenticity of this order/ judgment -1-