Single-judge oral order dismissing a civil revision petition. The court directed the petitioner that if an appeal against the lower court order is filed within 30 days, the limitation bar objection will not be raised.
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.
CR No.1787 of 2010 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Civil Revision No.1787 of 2010
Date of Decision: 18 - 8 - 2010
Sohan Singh ....Petitioner
v.
Arya Pradeshik Pritinidhi Sabha ....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr.Hemant Saini, Advocate for the petitioner.
Mr.A.C.Jain, Advocate and Ms.Aparna Jain, Advocate for the respondent.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present revision petition has been filed to assail the order dated 19.11.2009 passed by the Civil Judge (Jr.Division), Amritsar under Order 9 Rule 13 CPC, whereby application to recall the ex parte order had been dismissed.
Mr.Jain appearing for the respondent-landlord states that the impugned order can be made subject matter of appeal under Order 43 Rule 1 (c) of the Code of Civil Procedure.
Counsel for the petitioner has submitted that under a wrong notion, he has filed the present revision petition. Therefore, in case an
CR No.1787 of 2010 [2]
appeal is filed, the same would be barred by limitation.
This Court is of the view that the petitioner has filed the present revision petition under a wrong notion. Accordingly, it is directed that in case the petitioner files an appeal within 30 days, no objection shall be raised that the appeal is barred by limitation and the same shall be disposed of within one month. With this direction, the revision petition stands disposed of.
( KANWALJIT SINGH AHLUWALIA ) August 18, 2010. JUDGE
RC
1 issue framed by the court
Whether the impugned order dismissing the application to recall an ex parte order is maintainable as a revision or an appeal.
2 provisions across 1 enactments
Sohan Singh
Arya Pradeshik Pritinidhi Sabha
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
