, The High Court allowed a civil revision petition challenging a dismissal of an appeal on grounds of time-bar and lack of evidence in a possession and rent recovery dispute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 1916 of 2009 (O&M)
Date of Decision: April 02, 2009
Raj Kumar
… Petitioner
Versus
Ajit Singh.
…Respondent
CORAM: HON’BLE MR. JUSTICE S.D. ANAND.
Present : Mr. Liaqat Ali, Advocate, for the petitioner.
S.D. Anand, J.
C.M. No. 8226-CII of 2009
Allowed, as prayed for.
C.R. No. 1916 of 2009
The learned Trial Court had decreed a suit in favour of the plaintiff – respondent against the defendant – petitioner vide judgment and decree dated 09.08.2007. The decree granted was for the possession of the shop in dispute and also for the recovery of Rs.57,000/- as the arrears of rent.
2
C.R. No. 1916 of 2009
The first appeal filed by the defendant – petitioner was dismissed by the leaned First Appellate Court as time barred by observing as under:-
“5. The applicant was given opportunities to produce the evidence, but he failed to produce any evidence and the same was closed vide a detailed order of even date. In the absence of any evidence, this issue is decided against him and in favour of the respondent.”
It being a case of complete want of evidence, the
learned counsel for the defendant – petitioner is not in a position to invite my attention to any fact which may enable him to argue in favour of the invalidation of the impugned finding.
The petition is held to be denuded of merit and is ordered to be dismissed.
April 02, 2009 ( S.D. Anand ) vkd Judge
2 issues framed by the court
Whether the first appeal in a civil revision is barred by limitation.
Whether the revision petition is denied of merit due to lack of evidence.
Raj Kumar
Ajit Singh
S.D. Anand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
