Dev Dutt v. Kishan Chand And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR-4344-2026 (O&M) Date of decision:22.05.2026 DEV DUTT ...PETITIONER

VERSUS

KISHAN CHAND SHARMA AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL

Present:

Ms. Yakshna Sharma, Advocate, Mr. Harnanak Singh, Advocate and Mr. Shahreyar Khan, Advocate for petitioner.

*** PARMOD GOYAL, J. (ORAL) Present civil revision petition has been been preferred under Article 227 of the Constitution of India by petitioner-plaintiff for expeditious disposal of application preferred under Order VII Rule 11 read with Section 151 of Code of Civil Procedure, 1908 ('CPC') filed by respondentsdefendants for rejection of plaint in Civil Suit No.768 of 2024 filed by petitioner-plaintiff pending in the Court of Learned Civil Judge (Junior Division), Hodal, Palwal, Haryana.

2.

It is the case of petitioner-plaintiff that he had filed suit for declaration with consequential relief of permanent and mandatory injunction on 20.12.2024. In pursuance of notices of suit, respondents-defendants had appeared on 03.01.2025 and had moved an application under Order VII Rule 11 of CPC qua rejection of plaint. It is the case of petitioner-plaintiff that arguments on said application were heard partly on 24.01.2025 and thereafter matter is being adjourned simply on the request of learned counsel for respondents-defendants without any cogent reason. It is asserted that SUNIL CHANDER 2026.05.25 16:17 I attest to the accuracy and integrity of this document

CR-4344-2026 (O&M) -2more than 13 adjournments have already been sought by respondentsdefendants but the arguments on abovesaid application have not been concluded and therefore suit preferred by petitioner-plaintiff is not proceeding further.

3.

In present case, it is clearly made out that arguments on application under Order VII Rule 11 of CPC were heard partly on 24.01.2025 and thereafter one and a half years have passed, however, the matter is still pending for consideration of application mentioned above. 4.

The manner in which adjournments is being granted cannot be appreciated. Accordingly, learned Court of First Instance is directed to decide the application under Order VII Rule 11 of CPC preferred by respondents-defendants within 15 days from next date of hearing fixed before it. Learned Court of First Instance shall hear the arguments and in case it has to adjourn the case then only short adjournment shall be granted for a justified reason so that said application may be decided in next 15 days from next date of hearing before it. Learned Court of First Instance shall also take steps for ensuring expeditious trial.

5.

Present civil revision petition is disposed of in above terms. 6.

Pending application(s), if any, stand disposed of. (PARMOD GOYAL) JUDGE 22.05.2026 Sunil Chander Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SUNIL CHANDER 2026.05.25 16:17 I attest to the accuracy and integrity of this document