The High Court disposed of a revision petition challenging an appellate order directing retrial of a suit. The appellate court's view was upheld, but the trial court was directed to decide the suit within one year.
Trial court directed to decide the suit within one year from date of receipt of this order.
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
CR No. 1291 of 2011 (O&M) Date of decision: December 4, 2012
Jagdev Singh
...Petitioner
Versus
Paramjeet Kaur and another
...Respondents
CORAM:- HON'BLE MR. JUSTICE A.N. JINDAL
Present: Mr. Sanjiv Gupta, Advocate, for for the petitioner.
Mr. Nitin Setia, Advocate, for the respondents.
A.N. JINDAL, J.
The trial court, vide order dated 20.10.2009, had dismissed the application under Order 9 Rule 13 of the Code of Civil Procedure filed by Paramjit Kaur-respondent for setting aside the ex-parte decree dated 29.4.2008. However, the appellate court accepted the appeal and directed the trial court to decide the suit afresh after framing issues and providing opportunities to the parties to lead evidence. Hence this revision petition by the plaintiff/petitioner.
Having heard the rival contentions, the first appellate court appears to have taken right view of the matter. No ground to interfere. Dismissed.
However, to arrest the apprehension made by the petitioner that the intention of the respondents is to delay the adjudication of the suit, the trial court is directed to decide the same within one year positively, from the date of receipt of a copy of this order.
December 4, 2012 (A.N. JINDAL) prem JUDGE
Jagdev Singh
Paramjeet Kaur
A.N. JINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
