Ram Saroop And Others v. Rajinder Singh

CR-718-2021(O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH *** CR-718-2021(O&M) Date of decision : 26.05.2026 Ram Saroop and others ... Petitioners

Versus

Rajinder Singh ... Respondent CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. Jasdeep S. Gill, Senior Advocate with Mr.Sanjiv Ghai, Advocate and Ms.Harleen Kaur, Advocate for the petitioners.

Mr.I.S. Dhaliwal, Advocate for the respondent.

VIKAS BAHL, J.(ORAL) 1.

This is a Civil Revision Petition filed under Article 227 of the Constitution of India read with Section 151 CPC for setting aside the impugned order dated 14.01.2020 (Annexure P-1) passed by the trial Court vide which the application dated 15.10.2019 filed by the petitioners for rejection of the plaint has been dismissed.

2.

Learned senior counsel for the petitioners has submitted that since the petitioners are yet to file the written statement, thus, the petitioners be permitted to withdraw the present petition with liberty to raise all the pleas including the pleas of limitation as well as maintainability in the DAVINDER KUMAR 2026.05.26 15:19 I attest the accuracy and authenticity of this order / judgment

CR-718-2021(O&M) 2 written statement. It is submitted that in case the said pleas are taken, then, the trial Court be directed to consider the said pleas at the time of final adjudication de hors the observation made in the impugned order. 3.

Learned counsel for the respondent has submitted that even the arguments raised by the respondent on the said two aspects and all other aspects be also considered by the trial Court before it finally adjudicates the matter.

4.

Keeping in view the above said facts and circumstances, the petitioners are permitted to withdraw the present petition with liberty to raise all pleas including the pleas with respect to limitation and maintainability in the written statement. In case such pleas are taken in the written statement, the trial Court would decide the same after hearing both the parties and after taking into consideration the entire material on record at the stage of final adjudication de hors the observations made in the impugned order.

5.

Pending application, if any, stands disposed of in view of the abovesaid order.

(VIKAS BAHL) JUDGE May 26, 2026.

Davinder Kumar Whether speaking / reasoned Yes/No Whether reportable Yes/No DAVINDER KUMAR 2026.05.26 15:19 I attest the accuracy and authenticity of this order / judgment