Allowed

Guru Nanak Public School Committee v. Jasbir Singh Chahal and Ors.

Punjab & Haryana HC19 Jan 2010CR/3641/2008

Case brief

AI extract

What is this about?

The High Court allowed a civil revision challenging an order that impleaded a trustee individually instead of the Trust. The Court set aside the order and remanded the matter for a fresh decision regarding the impleadment application and authorization. No citation.

What did the court decide?

The revision petition was allowed; the impugned order dated 29.2.2008 was set aside; the matter was remanded to the trial court for a fresh decision.

Guru Nanak Public School Committee… — Civil Procedure and Limitation | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Revision No. 3641 of 2008

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Date of decision : January 19, 2010

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Guru Nanak Public School Committee (Regd.)

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....Petitioner

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versus

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Jasbir Singh Chahal and others

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....Respondents

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Coram: Hon'ble Mr. Justice L.N. Mittal

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Present : Mr. OP Goyal, Senior Advocate with Mr. Hari Pal Verma, Advocate and Mr. Varun Sharma, Advocate, for the petitioner

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Mr. Sumeet Mahajan, Senior Advocate with Mr. Ekant Aggarwal, Advocate, for respondent no. 4

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None for the remaining respondents

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L.N. Mittal, J. (Oral)

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Plaintiff has filed this revision petition under Article 227 of the Constitution of India. Order dated 6.12.2007 (Annexure P/7) and order dated 29.2.2008 (Annexure P/9) passed by learned Civil Judge (Senior Division), Ludhiana were challenged in the instant revision petition. However, at the time of motion hearing, the revision petition qua order Annexure P/7 was dismissed as withdrawn with liberty to the petitioner to file a separate revision petition to assail the same. The instant revision petition now survives qua order Annexure P/9. By the said order, the trial court disposed of application Annexure P/2 moved by Avtar Singh Hoonjan,

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Civil Revision No. 3641 of 2008

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-2-

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as trustee of Guru Nanak Public School Trust for impleading the said Trust as party to the suit. The trial court has, however, ordered impleadment of Avtar Singh Hoonjan as party being trustee of the Trust instead of impleading the Trust itself as party.

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I have heard learned counsel for the parties and perused the case file.

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Learned counsel for the petitioner contended that the application was moved for impleading the Trust as party to the suit but the trial court has allowed impleading of Avtar Singh Hoonjan, alleged trustee of the said Trust as defendant no. 4. Learned counsel for the petitioner contended that Avtar Singh Hoonjan is not even trustee of the Trust. It was also contended that the said Trust has not passed any resolution for moving application Annexure P/2.

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Learned counsel for respondent no. 4 (Avtar Singh Hoonjan) submitted that the Trust may be impleaded as party to the suit instead of Avtar Singh Hoonjan. It was also submitted that instructions would have to be sought to find out whether the Trust had passed any resolution to file application Annexure P/2 or not.

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In view of the aforesaid, I am of the considered opinion that it would be appropriate if the matter is remanded to the trial court for fresh decision on application Annexure P/2, in accordance with law. The impugned order cannot be sustained because Avtar Singh Hoonjan could not be impleaded as party when the application was for impleading the Trust as party. The trial court has also to find out whether the Trust passed any resolution for filing of application Annexure P/2 and for authorising Avtar Singh Hoonjan to move application Annexure P/2 on behalf of the Trust.

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Civil Revision No. 3641 of 2008

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-3-

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The revision petition is accordingly allowed and impugned order dated 29.2.2008, Annexure P/9 passed by the trial court is set aside and the matter is remanded to the trial court for fresh decision on application Annexure P/2, in accordance with law.

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The parties shall be at liberty to raise all contentions before the

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trial court.

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January 19, 2010 ' tiwana'

Guru Nanak Public School Committee v. Jasbir Singh Chahal and Ors.

Case brief

What is this about?

What did the court decide?

Guru Nanak Public School Committee v. Jasbir Singh Chahal and Ors.

Case brief

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What did the court decide?

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