Petitioner challenged rejection of plaint. Court allowed withdrawal of revision petition with liberty to file appeal to lower appellate court, permitting condonation of delay.
Withdrawal of petition allowed with liberty to file appeal with condonation of delay.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 5839 of 2010 (O&M) Date of decision: 26.4.2012
Punjab State Civil Supplies Corporation
.. Petitioner
v.
Madanjit Singh and others
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Deepak Sabharwal, Advocate for the petitioner. Mr. V. K. Shukla, Advocate for respondent No. 1.
Rajesh Bindal J.
Challenge in the present petition is to the order dated 26.1.2010, passed by learned Additional Civil Judge (Senior Division), Ferozepur, whereby in an application filed by respondent No. 1 under Order 7 Rule 11 CPC, the plaint has been rejected.
At the very out-set, learned counsel for respondent No. 1 submitted that an order passed by the court rejecting a plaint is deemed to be a decree, which shall be appealable before the learned lower appellate court.
Considering the objection raised by learned counsel for respondent No. 1, learned counsel for the petitioner submitted that he may be permitted to withdraw the present petition with liberty to avail of alternative remedy in accordance with law. Ordered accordingly.
Learned counsel for the petitioner further prayed that as the petition remained pending in this court, the delay in filing the appeal may be condoned. Suffice to observe that the petitioner is entitled to file application for condonation of delay along with the appeal, which shall be decided by the court considering the fact that the present petition remained pending in this court.
( Rajesh Bindal ) Judge
26.4.2012 mk
1 issue framed by the court
Whether the petitioner is entitled to withdraw the revision petition with liberty to approach the lower appellate court after expiry of limitation period.
1 provisions across 1 enactments
Punjab State Civil Supplies Corporation
Madanjit Singh
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
