The High Court dismissed a civil revision petition challenging orders for civil prison detention and arrest warrant issuance, holding the petition was barred by significant delay and laches filed over a year after the impugned order.
Revision petition dismissed in limine on grounds of delay and laches.
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.3241 OF 2012 (O&M) DATE OF DECISION : 24th MAY 2012
Ram Kishan & another
…. Petitioners
Versus
Om Parkash
…. Respondent
CORAM : HON’BLE MR. JUSTICE L. N. MITTAL
Present : Mr. Ashwani Verma, Advocate for the petitioners.
L. N. MITTAL, J. (ORAL)
CM No.14004-CII of 2012
Allowed as prayed for.
CR No.3241 of 2012
Judgment debtors-Ram Kishan and Ramesh Kumar have filed this revision petition under Article 227 of the Constitution of India assailing order dated 15.06.2010 Annexure P-3 passed by learned Additional Civil Judge (Senior Division), Fatehabad thereby ordering detention of the petitioners in civil prison for 10 days for violating judgment and decree dated 30.11.2007 and consequential order dated 17.03.2012 Annexure P-4 passed by the said Court for issuance of warrant of arrest against the petitioners in implementation of order Annexure P-3 is also under challenge in this revision petition.
I have heard learned counsel for the petitioners and perused the case file.
CR No.3241 of 2012 (O&M)
- 2 -
I need not go into merits of the case. The revision petition is liable to dismissal on ground of delay and laches. Order Annexure P-3 is dated 15.06.2010 whereas the instant revision petition has been filed on 23.05.2012 i.e. after more than one year eleven months of passing of the impugned order. At this distant stage of time, revision petition under Article 227 of the Constitution of India to challenge order Annexure P-3, cannot be entertained. The revision petition is clearly barred by delay and laches.
Since revision petition against order Annexure P-3 is not being entertained, order Annexure P-4 having been passed to implement order Annexure P-3, also cannot be set aside. Order Annexure P-4 is only consequential order.
For the reasons aforesaid, the instant revision petition is
dismissed in limine .
24th May, 2012 (L. N. MITTAL) ‘raj’ JUDGE
1 issue framed by the court
Whether a civil revision petition filed after more than one year eleven months of the impugned order is barred by delay and laches.
1 provisions across 1 enactments
Ram Kishan
Ramesh Kumar
Om Parkash
L. N. Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
