Single judge directed the trial Court to decide an application under Order 6 Rule 17 CPC by a specified date and adjudicate the underlying civil suit within nine months.
Direction to decide application under Order 6 Rule 17 CPC next day and decide civil suit within nine months.
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.5063 of 2011 (O&M) Date of decision: 5th September, 2011
Jagtar Singh
… Petitioner
Versus
Jagdev Singh
… Respondent
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Satinder Khanna, Advocate for the petitioner.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present revision petition has been filed under Article 227 of the Constitution of India praying that a direction be issued to the trial Court to decide the Civil Suit No.CS-402 of 15.12.2001 within a stipulated timeframe.
Counsel for the petitioner has made a grievance that on 29th September, 2008, evidence of the plaintiff was closed and the case was adjourned for defendant’s evidence. On 18th November, 2009 an application under Order 6 Rule 17 CPC was filed for amendment of the plaint. It is stated that numerous opportunities have been availed but till today the application has not been decided.
This Court in order to enable the trial Court to adjust its calendar had called for a tentative schedule. The Trial Judge has stated that he has taken over recently and for the first time the case was listed before her on 23rd May, 2011 when no arguments were raised and the case was adjourned to 12th September, 2011.
After perusing the reasoning given by the Trial Judge and hearing counsel for the petitioner, present petition is disposed of by
2
Civil Revision No.5063 of 2011 (O&M)
directing the trial Court to decide the application under Order 6 Rule 17 CPC on the next date of hearing i.e. 12th September, 2011 and thereafter, decide the civil suit within nine months from the date of receipt of a certified copy of this order.
[KANWALJIT SINGH AHLUWALIA] JUDGE
September 5, 2011 rps
2 issues framed by the court
Whether the trial Court is under a direction to decide the application under Order 6 Rule 17 CPC within a stipulated timeframe.
Whether the civil suit should be decided within nine months from the receipt of a certified copy of this order.
2 provisions across 2 enactments
Jagtar Singh
Jagdev Singh
Kanwalsingh Ahluwania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
