High Court of Punjab and HaryanaCR/5099/2017allowed

Kuldip Singh v. Neelam Wadhwa And ORS.

2017-12-12Mr Justice Rajiv Sharma2 pages

Civil Revision No. 5099 of 2017 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 5099 of 2017 (O&M) Date of Decision: 12.12.2017 Kuldip Singh ......Petitioner

Versus

Neelam Wadhwa and others .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Prateek Pandit, Advocate for the petitioner.

Mr. Vikram Anand, Advocate for respondents No. 1 and 2.

None for respondents No. 3 and 4.

**** ANITA CHAUDHRY, J This revision is directed against the order dated 17.7.2017 (Annexure P-6) vide which the application filed by the petitioner/plaintiff under Order 11 Rule 14 and 15 CPC has been dismissed. Counsel for the petitioner at the outset states that the trial Court instead of deciding the application filed under Order 11 Rule 14 and 15 CPC passed an order as if it was deciding the application under Order 39 Rule 1 and 2 CPC. The counsel refers to the application filed by them under Order 11 Rule 14 and 15 CPC.

I have heard the submissions of both the sides. The zimni orders have been made available. A perusal of the zimni orders shows that the trial Court had adjourned the case for arguments on the application filed under Order 11 Rule 14 and 15 CPC and the case had been adjourned on 10.7.2017 and then to 17.7.2017 but a perusal of the Gurpreet Singh Bhatia 2017.12.19 14:54 I attest to the accuracy and authenticity of this document Chandigarh

Civil Revision No. 5099 of 2017 (O&M) -2order shows that the lower Court has passed an order as if it was dealing with the application filed under Order 39 Rule 1 and 2 CPC. The order has to be set aside.

The petition is allowed. Order dated 17.7.2017 (Annexure P-6) is set aside. The matter is remanded back with the direction to the trial Court to pass a fresh order after hearing both the sides. (ANITA CHAUDHRY) JUDGE December 12, 2017 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2017.12.19 14:54 I attest to the accuracy and authenticity of this document Chandigarh