Kamaljeet Kaur v. Manvir Singh And ORS

CR No.6290 of 2016 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.6290 of 2016 (O&M) Date of decision:22.09.2016 Kamaljeet Kaur ... Petitioner Vs.

Manvir Singh and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. S.S.Sodhi, Advocate for the petitioner.

AMIT RAWAL J. (Oral) Petitioner-defendant is aggrieved of the impugned order dated 26.02.2016 (Annexure P-4), whereby, her application to dismiss the suit or plaintiff be ordered to produce the original 'Power of Attorney', has been dismissed.

Mr.S.S.Sodhi, learned counsel appearing on behalf of the petitioner-defendant submits that the suit has not been filed by a competent person and when the application was moved only photocopy of death certificate has been placed on record. The suit is at the stage of plaintiffs' evidence.

I have heard learned counsel for the petitioner-defendant and appraised the paper book and of the view that the aforementioned application was totally misconceived. It is still to be proved whether the suit is filed by a competent person or not. As regards, the merits of the suit, this Court cannot be called upon to comment upon the same as it would Savita 2016.09.26 13:34 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.6290 of 2016 (O&M) {2} seriously effect the rights of the parties.

In view of the aforementioned observations, the impugned order is perfectly legal and justified, much less, the same cannot be said to have been passed without jurisdiction.

Accordingly, the revision petition stands dismissed. (AMIT RAWAL) JUDGE September 22, 2016 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2016.09.26 13:34 I attest to the accuracy and integrity of this document High Court Chandigarh