The High Court disposed of a revision petition under Article 226 directing the Trial Court to adjudicate an injunction application under Order 39 Rules 1 & 2 CPC expeditiously within three months due to delayed disposal.
Direction to Trial Court to adjudicate injunction application under Order 39 Rules 1 & 2 CPC not later than three months.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
C.R. No. 1705 of 2012(O&M) Date of Decision: 16.3.2012.
Jaspreet Singh
--Petitioner
Versus
Santokh Singh
--Respondent
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:Mr. Harkesh Manuja, Advocate for the petitioner.
TEJINDER SINGH DHINDSA.J
The present revision petition under Article 227 of the Constitution of India has been filed for issuance of directions to the Trial Court for disposal of an injunction application filed under Order 39 Rules 1 & 2 of the Code of Civil Procedure by the present petitioner/plaintiff in civil suit no.232 dated 14.6.2011.
Learned counsel for the petitioner/plaintiff submits that the civil suit no.232 dated 14.6.2011 was presented on 14.6.2011 and was taken up on 15.6.2011, wherein notice of the suit as well as on the stay application was issued for 12.8.2011. The sole defendant in the suit had caused appearance on 1.10.2011. Thereafter, neither has any written statement been filed nor any order passed by the Trial Court on the application filed by the petitioner-plaintiff under Order 39 Rules 1 & 2 of the Code of Civil Procedure. Learned counsel while referring to the zimni orders as reproduced in para 3 of the present revision petition, contends that the matter has been adjourned on more than 10 occasions.
C.R. No. 1705 of 2012(O&M) -2-
In the light of such factual position, it would be appropriate to direct the Trial Court to adjudicate upon the application filed by the petitioner-plaintiff under Order 39 Rules 1 & 2 of the Code of Civil Procedure expeditiously and in any case not later than three months from today.
Revision petition is disposed of.
(TEJINDER SINGH DHINDSA) JUDGE
16.3.2012. lucky
1 issue framed by the court
Whether the High Court should issue directions to the Trial Court to adjudicate upon an injunction application expeditiously given its prolonged inactivity.
2 provisions across 2 enactments
Jaspreet Singh
Santokh Singh
Tejinder Singh Dhindsa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
