In this civil revision, the High Court issued directions to the trial court to decide an interim relief application under Order 39 Rules 1 and 2 CPC and an application for restoration of electricity connection under Section 151 CPC within two weeks.
Directions issued to trial court to decide pending applications within two weeks.
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.
Civil Revision No.5809 of 2016
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.5809 of 2016 Date of Order: 07.09.2016
Anita Jain
..Petitioner
Versus
Sub Divisional Officer (S), Urban Sub Division, Uttar Haryana Bijli Vitran Nigam, Industrial Area, Phase-I, Panchkula
..Respondent
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present: Mr. D.K.Singal, Advocate, for the petitioner.
RAJ MOHAN SINGH, J. (Oral)
In this revision petition, petitioners seek issuance of appropriate directions to the trial Court to decide an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, within a specified period.
In a suit for declaration, plaintiff challenged memo no.727, dated 19.03.2015 and the bill dated 04.06.2015, along with subsequent bills issued by the defendant to be illegal, null and void. An application for interim relief was also moved.
The Additional Civil Judge (Senior Division), Panchkula, issued notice in the suit as well as in the application for grant of interim relief. However, on 30.08.2016, on the basis of process server's report, defendant was ordered to be proceeded against exNaresh Kumar 2016.09.08 10:14 I attest to the accuracy and integrity of this document Chandigarh
Civil Revision No.5809 of 2016
-2-
parte and thereafter case was adjourned for ex-parte evidence of the plaintiff at his own responsibility. No order was passed on an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure. The petitioner moved an application under Section 151 CPC for taking up the case and for issuance of directions to defendant to restore the electricity connection on the second floor of property, in dispute, during pendency of the suit. No order has been passed on that application as yet.
At this stage, this revision can be disposed of by issuing directions to the trial court to decide the application under Order 39 Rules 1 and 2 CPC, as well as the application under Section 151 CPC, filed by the petitioner, on 01.09.2016, within a reasonable time preferably within two weeks from the date of receipt of a certified copy of this order.
Disposed of accordingly.
September 07, 2016 (RAJ MOHAN SINGH) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Naresh Kumar 2016.09.08 10:14 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether to issue directions to the trial court to decide the application under Order 39 Rules 1 and 2 CPC within two weeks.
Whether to issue directions to the trial court to decide the application under Section 151 CPC regarding restoration of electricity connection within two weeks.
2 provisions across 1 enactments
ANITA JAIN
SUB DIVISIONAL OFFICER
RAJ MOHAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
