The High Court dismissed a civil revision challenging the trial court's admission of an affidavit by a former minor plaintiff upon attaining majority. The court held no material irregularity or prejudice required intervention.
Civil revision dismissed; pending applications disposed of.
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.
Civil Revision No. 286 of 2010(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 286 of 2010(O&M)
Date of Decision: January 22, 2010
Thana Singh
...... Petitioner
Versus
Jagjiwanpal Singh and another
...... Respondents
Coram: Hon'ble Mr. Justice Ajay Tewari
Present: Mr.J.S.Brar, Advocate for the petitioner.
Ajay Tewari, J.
This petition has been filed against order of the learned trial Court dismissing the objections of the petitioner with regard to the admissibility of an affidavit filed by the erstwhile minor plaintiff on attaining majority under Order 32 Rule 12(2) of the CPC.
Learned counsel has argued that by this affidavit the plaintiff has only reiterated the evidence earlier led by his next friend and this affidavit is merely a duplication of the earlier evidence. The learned trial court, however, considered this objection and found that the matter was in any case fixed for the evidence of the plaintiff (albeit in rebuttal) and that no prejudice was being caused to the present petitioner. Learned counsel has not been able to convince me that the order suffers from such material irregularities or has caused such prejudice to the petitioner as would make this court liable for interference under Article 227 of the Constitution of
Civil Revision No. 286 of 2010(O&M)
2
India.
Consequently this revision is dismissed.
Since the main case has been decided, the pending Civil Misc.
Applications, if any, stand disposed of.
(AJAY TEWARI) JUDGE
January 22 , 2010 sunita
1 issue framed by the court
Whether the trial court ordered was affected by material irregularities or caused prejudice to the petitioner justifying interference under Article 227 of the Constitution.
3 provisions across 2 enactments
Thana Singh
Jagjiwanpal Singh and another
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
