Civil Revision regarding delay in disposing an application under Order 39 Rule 4 CPC. Court directed Registry to obtain comments from the trial court regarding the delay in granting stay relief and disposed of the matter.
Registry directed to call for comments of the learned trial court; matter disposed of.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.1174 of 2012 Date of Decision: 6.03.2012.
Sukhdev Kaur
....Petitioner
Versus
Devinder Singh and another
....Respondents
CORAM:
HON'BLE MR. JUSTICE NAWAB SINGH
Present : Mr. Satinder Khanna, Advocate for the petitioner.
NAWAB SINGH.J (ORAL)
On February 23rd , 2012, Rakesh Kumar Jain, J.
passed the following order: -
"Learned counsel for the petitioner, inter-alia, contends that against an order of ex-parte stay, he had moved an application under Order 39 Rule 4 of the Code of Civil Procedure, 1908 (for short `CPC'), which is required to be disposed of within 30 days as per order 39 Rule 3-A of CPC. But despite 72 adjournments, the application is still surviving and has not been decided so far. He has fairly stated that some more applications have also been filed by the plaintiff which has further delayed the matter.
At the first instance, Registry is directed to call for the comments of the learned trial Court in this regard.
Adjourned to 6.3.2012.
A copy of this order be also immediately sent to the District Judge, Ludhiana, as well."
In compliance of the above order, comments of the
trial Judge have been received, wherein, he assured that all efforts would be made to decide this case at the earliest.
In view of above, no further action is called for. Disposed of accordingly.
Ishwar
(NAWAB SINGH) JUDGE
6.03.2012
2 provisions across 1 enactments
Sukhdev Kaur
Devinder Singh and another
Nawab Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
