Allowed

Bagh Singh v. Jagjit Singh Mand and Ors.

Punjab & Haryana HC19 Jul 2013CR/3227/2013

Case brief

AI extract

What is this about?

In a revision petition challenging a trial court order dismissing a suit application as infructuous, the High Court set aside the impugned order, observed the suit was not infructuous, and directed the defendants to submit evidence on the next date before arguments could be heard.

What did the court decide?

Impugned order set aside; defendants given opportunity to submit evidence before arguments.

Bagh Singh Vs Jagjit Singh Mand and… — Civil Procedure and Limitation | Punjab & Haryana HC (2013)

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CR No. 3227 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR No. 3227 of 2013 (O&M) Date of decision: July 19, 2013

Col. Bagh Singh

...Petitioner

Versus

Lt. Col. Jagjit Singh Mand and others

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...Respondents.

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CORAM:- HON'BLE MR. JUSTICE K. KANNAN

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Present: Mr. RS Ahluwalia, Advocate, for the petitioner.

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Mr. Anurag Singh Tagra, Advocate, for respondents No. 1 and 2.

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K. KANNAN, J. (Oral)

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Counsel for the petitioner states that he is not pressing any relief against respondents No. 3 to 14. His statement is recorded and notice to them is dispensed with.

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The Revision petition is against the dismissal of an application filed by defendant No.2/petitioner for dismissal of the suit has having become infrcuctuous. The court observed that the suit has not become infructuous. At the time of issuance of notice of motion, I had directed that trial to continue and there will be no stay. Counsel states that the plaintiffs have already closed their evidence and the defendant has taken more than 37 opportunities for production of evidence. Even the defendant is of the view that no evidence is necessary. He is at liberty to advance arguments on such basis and the court shall consider the contentions in defence. If the suit has not become infructuous, the court is bound to give reason for the same.

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CR No. 3227 of 2013

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Counsel for the respondents has urged that the trial court be directed to dispose of the case expeditiously since the party are senior citizens and it is in their own interest if the suit is decided at the earliest. I express the same sentiments. Whether the case is of senior citizens or otherwise, all the cases should be disposed of expeditiously. The court shall make endeavour and ensure that the parties' grievances are fully redressed without causing any unnecessary delay.

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The defendants will have an opportunity on the next date of hearing to submit their evidence and if they choose not to give any evidence, the matter be posted for arguments and decision be taken in accordance with law. The impugned order is set aside and the revision is disposed of with the above directions.

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July 19, 2013 (K.KANNAN) prem JUDGE

Bagh Singh v. Jagjit Singh Mand and Ors.

Case brief

What is this about?

What did the court decide?

Bagh Singh v. Jagjit Singh Mand and Ors.

Case brief

What is this about?

What did the court decide?

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