Satwant Kaur v. Gurnaib Singh

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No.683 of 2016 Date of Decision.02.02.2016 Satwant Kaur .......Petitioner Vs.

Gurnaib Singh ........Respondent

Present:

Mr. Rajan Bansal, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

The order brings out an absurd situation of the plaintiff who is the applicant serving a notice on himself to have the suit restored. The order is clearly wrong and the Court has wrongly construed the defendantrespondent in the application as a person who has been served. From the order of summon issued itself, it becomes evident that the Court was passing an order in the absence of the defendant-respondent without any notice to him. I do not think time must be wasted by serving notice to the respondent. I dispense with notice to the respondent, set aside the order dated 05.12.2015 and I direct the Court below to issue notice of the application filed by the plaintiff-applicant to the party Satwant Kaur who was the defendant-counter claimant and proceed to pass order after hearing objections from the defendant-counter claimant. 2.

The revision petition is allowed on the above terms. (K. KANNAN) JUDGE February 02, 2016 Pankaj* PANKAJ KUMAR 2016.02.03 11:59 I attest to the accuracy and integrity of this document