Rajwinder Singh Alias Raja v. Anmoldeep Singh And Others

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:21.05.2024 Rajwinder Singh @ Raja ... Petitioner Vs.

Anmoldeep Singh & others ... Respondents

CORAM:

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

Present:

Mr. Aayush Gupta, Advocate for the petitioner. ...

SUKHVINDER KAUR, J.

1.

Instant revision petition has been filed for issuance of directions to the trial Court to decide Civil Suit No.1098 of 2019 dated 06.02.2019 titled as 'Akashdeep Singh Vs. Davinder Singh etc.' pending before the Civil Judge, Jr. Division, Ludhiana expeditiously and in a time bound manner.

2.

Vide order dated 06.03.2024 passed by this Court, status report from the concerned Court was called.

3.

In compliance of order dated 06.03.2024 passed by this Court, status report from the trial Court has been received and it has been submitted therein that this case was filed on 06.02.2019. Thereafter, service was completed on 20.02.2022. It has been submitted that delay in completion of service was caused due to restrictive functioning of the Courts in wake of Covid-19. Thereafter,

-2on 02.03.2021, application for setting aside ex-parte proceedings against defendant No.1 was filed and after allowing the same, case was fixed for filing of replication on behalf of defendants No.2 to 4 as well as defendants No.8 to 10, which was filed on 09.03.2021. Thereafter, in view of Covid-19 lock down, no adverse order was passed when the plaintiff and defendants did not come present. On 05.07.2021, adjournment was requested by counsel for the plaintiff for filing of the replication and for addressing arguments on application under Order 39 Rules 1 & 2 CPC. Then on 06.07.2021, application under Order 6 Rule 17 CPC was moved by the plaintiff. Reply to said application was filed on 10.08.2021 and then case was adjourned for addressing arguments on the said application. On 01.08.

2022, application under Order 6 Rule 17 CPC was disposed of and the case was adjourned to 25.08.2022 for filing of the amended plaint. The amended plaint was filed on 08.02.2023 and then case was fixed for filing amended written statement. On 01.08.2023, counsel for defendants suffered a statement that the written statement already filed be read as written statement to the amended plaint as well. Thereafter, case was fixed for addressing arguments on the stay application. On 26.04.2024, arguments on the stay application were addressed by counsel for defendants No.2 to 4 and case was adjourned to 29.04.2024 for advancing of the arguments by defendants No.5 to 7 and on behalf of the plaintiff. On 29.04.

-3arguments were advanced by counsel for the plaintiff and case was again adjourned to 01.05.2024 for arguments on behalf of defendants No.5 to 7. Then the application filed under Order 39 Rules 1 & 2 CPC was disposed of. Now the case is fixed for plaintiff's evidence. 4.

From the aforesaid status report, it transpires that said suit had been filed on 06.02.2019 but still it is fixed for plaintiff's evidence. 5.

The trial Court is directed to decide aforesaid Civil Suit No.1098 of 2019 expeditiously in accordance with law, without granting any unwarranted adjournments.

6.

Disposed of in the aforesaid terms.

7.

Pending applications, if any, also stand disposed of accordingly.

( SUKHVINDER KAUR ) JUDGE 21.05.2024 harjeet

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No