Single judge allowed revision petition under Art. 227, set aside order dismissing suit for improper service, and granted opportunity to serve defendants in a property partition suit.
Impugned order set aside; one last opportunity granted to furnish correct addresses of defendants 3 and 16 for effecting service.
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CR No.6627/2011 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CR No.6627/2011 Date of decision: 01.11.2011.
Veeri Kaur
....................Petitioner
v.
Prem Singh and others
.....................Respondents
Coram: Hon'ble Mr.Justice Jaswant Singh
Present: Mr.Sherry K.Singla,Advocate for the petitioner.
Jaswant Singh.J.(Oral)
Plaintiff/petitioner has filed the present revision petition under Article 227 of the Constitution assailing the order dated 28.7.2011 (P2) passed by Civil Judge (Senior Division) Talwandi Sabi vide which her suit qua defendant nos. 3 and 16 has been dismissed for want of correct address.
Learned counsel contends that after the passing of the impugned order, the plaintiff has obtained the correct address of aforesaid defendants and therefore, keeping in view the nature of the dispute, prays for one opportunity to furnish the correct address and serve the aforesaid two defendants.
After hearing the learned counsel for the petitioner, I feel that
CR No.6627/2011 2
ends of justice would be fully met if the petitioner/plaintiff is granted one opportunity to serve the defendants 3 and 16 since the plaintiff is claiming her 1/16th share in the property left behind by her father Prem Singh on the basis that collusive decree was obtained by her brothers without impleading the daughters including the petitioner. It is further evident that defendant no.3(brother of the plaintiff/petitioner) was not residing at the village address and now the petitioner has been able to get his correct address at Bathinda, whereas in respect of defendant no.16-Virpal Kaur (sister of the petitioner) complete address is now available with the petitioner.
In view of the above, present revision petition is allowed, impugned order dated 28.7.2011 is set aside and the petitioner is granted one last opportunity to furnish the complete and correct addresses of defendants 3 and 16 for effecting service upon the said respondents.
Disposed of.
01.11.2011 (Jaswant Singh) joshi Ju dge
1 issue framed by the court
Whether the petitioner can be granted one last opportunity to serve defendants after dismissal for non-service due to incorrect address.
2 provisions across 1 enactments
Veeri Kaur
Prem Singh and others
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
