High Court of Punjab and HaryanaCR/6255/2017dismissed

Rupinderjit Singh v. Akshaydeep Singh And Others

2017-09-28Mrs. Justice Raj Rahul Garg2 pages

CR-6255-2016 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-6255-2017 (O&M) Date of Decision:- 28.09.2017 Rupinderjit Singh .....Petitioner

Versus

Akshaydeep Singh and others .....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. N.S. Dadwal, Advocate, for the petitioner.

**** RITU BAHRI, J. (Oral) Petitioner has come up in revision against the order dated 24.07.2017, passed by learned Additional Civil Judge (Sr. Division), Jagraon, whereby an application filed under Order 9 Rule 7 read with Section 151 CPC for setting aside the exparte order dated 17.08.2016, has been dismissed.

Perusal of the impugned order shows that petitionerRupinderjit Singh was defendant No.2 in the trial and he had executed power of attorney in favour of defendant No.3 Navjit Kaur on 10.07.2013 and she is appearing in the trial Court through her counsel. Defendant No.3 had put in appearance after a lapse of four years and the present application was made when the plaintiff evidence was going on. Naresh Kumar 2017.10.04 15:51 I attest to the accuracy and integrity of this document Chandigarh

CR-6255-2016 (O&M) -2After hearing the learned counsel for the petitioner and after perusing the impugned order, this Court is of the considered view that learned Additional Civil Judge (Sr. Division), Jagraon, has rightly passed the impugned order after appreciating the evidence in the correct prospective. The said order does not require any interference as respondent Navjit Kaur had been given power of attorney way back in the year 2013 and she was pursuing the case by engaging a lawyer. Further, no such patent illegality or legal infirmity has been pointed out in the impugned order by the learned counsel for the petitioner. Since, there is no merit in the present revision petition, therefore, the same is hereby dismissed.

( RITU BAHRI ) September 28, 2017 JUDGE naresh.k Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.10.04 15:51 I attest to the accuracy and integrity of this document Chandigarh