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High Court of Punjab and HaryanaCR/6800/2015disposed of

Krishan Lal & ORS v. Dharam Pal & ORS

2016-04-04Mr. Justice Arun Monga2 pages

Civil Revision No.6800 of 2015 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.6800 of 2015 (O&M) Date of decision:04.04.2016 Krishan Lal and others ... Petitioners Vs.

Dharam Pal and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL 1.

Whether reporters of local newspapers may be allowed to see judgment?

2.

To be referred to reporters or not?

3.

Whether the judgment should be reported in the Digest? Present:- Mr. Parminder Singh, Advocate for the petitioners.

Mr. A.K. Goyal, Advocate for the respondents.

AMIT RAWAL J. (Oral) Mr. A.K.Goyal, learned counsel appearing on behalf of the respondents had sought adjournment on the previous date, i.e., 31.03.2016 on the premise to seek instructions from their clients visa-vis prayer in the suit. On instructions from their clients, he submits that his clients are ready to move an application for amendment of the plaint by confining relief with regard to land measuring 3 kanals 10 marlas as mentioned in paragraph 3 of the plaint, whereas, inadvertently, in the prayer clause, relief has been sought of the land measuring 8 kanals 18 marlas.

Mr. Parminder Singh, learned counsel appearing on SAVITA DEVI KADIAN 2016.04.08 12:56 I attest to the accuracy and integrity of this document High Court Chandigarh

Civil Revision No.6800 of 2015 (O&M) {2} behalf of the petitioners submits that an application under Order 1 Rule 10 of the Code of Civil Procedure was filed as in view of the relief clause as their right had been affected owing to the fact that his clients are in possession of the land measuring 5 kanals 8 marlas out of the total land measuring 8 kanals 18 marlas. In view of the aforementioned fact that respondents would seek the amendment of the plaint, no cause of action survives to seek impleadment in the pending suit. In view of the statement made by Mr. A.K. Goyal, the present revision petition is disposed of. In case, no such effort is made out for seeking amendment of the plaint within a period of one month, liberty is granted to the petitioners to revive the present revision petition. Thereafter, the trial Court shall allow the amendment application also.

Revision petition stands disposed of.

(AMIT RAWAL) JUDGE April 04, 2016 savita SAVITA DEVI KADIAN 2016.04.08 12:56 I attest to the accuracy and integrity of this document High Court Chandigarh