Rashim Garg And Another v. Baljeet Kaur And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Civil Revision No.1974 of 2024 Date of decision: November 4th, 2025 Rashim Garg and another .....Petitioners

Versus

Baljeet Kaur and others .....Respondents

CORAM:

HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. Rana Gurtej Singh, Advocate for the petitioner.

Mr. Nipun Bhardwaj, Advocate for respondent Nos.1 and 2.

Mr. Zorawar Singh Chauhan, Advocate for respondent No.3.

Mr. Sandeep Singh, Assistant Advocate General, Punjab. VIKAS BAHL, J. (ORAL) 1.

This is a revision petition under Article 227 of the Constitution of India for setting aside the impugned order dated 20.01.2024 (Annexure P-4) passed by the learned Civil Judge (Junior Division), Kharar, whereby the application filed by the petitioners under Order VII Rule 11 CPC has been dismissed.

2.

Learned 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, which have been raised here and are available to the petitioners, in the said written statement. It is submitted that the said pleas raised in the written statement be considered independently by the trial Court dehors of the PUNEET SACHDEVA 2025.11.04 18:12 I attest to the accuracy and authenticity of this document Chandigarh

CR No.1974 of 2024 observations made in the impugned order, which order has been passed keeping in view the parameters of Order VII Rule 11 CPC. 3.

Learned counsel for the respondents has submitted that the respondents have no objection to the said course of action. It is, however, submitted that the respondents be also permitted to raise all pleas/evidence in support of their case in the plaint.

4.

Keeping in view the abovesaid facts and circumstances and the fair stand taken on behalf of learned counsel for the petitioners and learned counsel for the respondents, the petitioners are permitted to withdraw the present revision petition with liberty to raise all the pleas, which are available to them, in the written statement to be filed by them and all the said pleas would be considered independently by the trial Court at the time of final adjudication dehors of the observations made in the impugned order. It would also be open to the respondents to raise all the pleas/evidence in support of the pleadings in the plaint.

November 4th, 2025 (VIKAS BAHL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2025.11.04 18:12 I attest to the accuracy and authenticity of this document Chandigarh