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High Court of Punjab and HaryanaCR/7038/2014allowed

Munna Lal Gupta v. M/S Green Estate And Hre Plot Holders Association

2016-04-08Mr. Justice Harbans Singh Rai2 pages

C.R. No.7038 of 2014 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.7038 of 2014 Date of Decision.08.04.2016 Munna Lal Gupta .......Petitioner Vs.

M/s Green Estate and HRE Plot Holders Association and others ........Respondents 2.

C.R. No.8460 of 2014 Sanjay Punj .......Petitioner Vs.

M/s Green Estate and HRE Plot Holders Association and others ........Respondents

Present:

Mr. Adarsh Jain, Advocate for the petitioner.

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

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.

Notice of motion in C.R. No.8460 of 2014. Mr. A.K. Jain, Advocate accepts notice for the respondents.

2.

The revision petitions are in two different suits where the respective applications for impleadment of parties were declined. The challenge is to some sales effected on behalf of the society in the representative capacity of the person claiming to be a Secretary/President to execute the sale deeds. It may only be appropriate that the persons whose transactions and ability to join the society are put in challenge, are also brought as parties in suit. PANKAJ KUMAR 2016.04.12 15:33 I attest to the accuracy and integrity of this document

C.R. No.7038 of 2014 -22.

The order passed stands set aside and the respective applicants seeking for impleadment are ordered to be impleaded as defendants in the respective suits. The civil revisions are allowed on the above terms.

3.

I direct the consolidation of both the suits and be tried in the same Court. The District Judge shall assign the case to any one of the Courts whom he directs and if the evidence has already been recorded in both the suits independently, the Court will examine the manner of construction of evidence and the plaintiff in the earlier suit shall be taken as the plaintiff for the purpose of disposal of both the cases.

(K. KANNAN) JUDGE April 08, 2016 Pankaj* PANKAJ KUMAR 2016.04.12 15:33 I attest to the accuracy and integrity of this document