The High Court dismissed a revision petition seeking recall of an order declining to recall a previous order regarding service by publication. The petitioner sought to withdraw the revision with liberty to file a fresh one.
Petitioner granted liberty to file a fresh petition.
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CR 8534/2014
1
102
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of decision:11.02.2015.
NC Wadhwan
.............Petitioner
v.
Sh.Jugraj Singh Kang and others
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Sanjiv Gupta,Advocate for the petitioner.
Jaswant Singh,J.(Oral)
Plaintiff has filed the instant revision aggrieved by the order dated 3.12.2014 (P-7) passed by Civil Judge (Junior Division) Chandigarh whereby his application under Order 5 Rule 25,26 and 26A CPC for effecting service upon, defendant no.5 has been dismissed.
It is apparent that the plaintiff on the basis of being alleged occupier filed a suit challenging the sale deed dated 11.4.2001 executed through defendants 2 and 3 in favour of defendant no.1. Property is alleged to have been owned by defendant no.5. It appears that the petitioner/plaintiff does not really have the locus to challenge the sale deed. Be that as it may in the present revision, challenge is to the order whereby inter alia previous order permitting the service of defendant no.5 through publication was declined to be recalled. There appears to be a history of applications moved by the plaintiff for effecting service
upon defendant no.5 who is stated to be residing abroad.
RAJINDER PRASHAD JOSHI 2015.02.12 12:02 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
CR 8534/2014 2 102
At the time of hearing learned counsel for the petitioner/ plaintiff prays for permission to withdraw the present revision petition with liberty to file a fresh one by placing on record all the applications alongwith the orders passed thereon for effecting service upon defendant no.5.
Dismissed as withdrawn with liberty aforesaid.
11.02.2015 joshi
(Jaswant Singh) Judge
RAJINDER PRASHAD JOSHI 2015.02.12 12:02 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
NC Wadhwan
Sh.Jugraj Singh Kang and others
Jaswant Singh
As recorded by the court registry
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