Dismissed

Lakhjinder Kaur Jauhal v. Nirbhai Singh Grewal

Punjab & Haryana HC1 Aug 2016CR/8478/2015

Case brief

AI extract

What is this about?

Single judge dismissed a Civil Revision Petition under Article 227 sought to quash pending civil suits. The court held that since the issue at lis was already decided, the petitioner should file an application for rejection of plaint instead of using civil revision powers.

What did the court decide?

The revision petition is dismissed, with liberty to the petitioner to move an appropriate application seeking rejection of plaint.

Lakhjinder Kaur Jauhal Vs Nirbhai… — Civil Procedure and Limitation | Punjab & Haryana HC (2016)

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C.R. No.8478 of 2015

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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C.R. No.8478 of 2015 Date of Decision.01.08.2016

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Lakhjinder Kaur Jauhal

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.......Petitioner

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Vs.

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Nirbhai Singh Grewal ........Respondent Present: Mr. Rajinder Kumar Singla, Advocate for the petitioner.

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CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

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Whether Reporters of local papers may be allowed to see the judgment ?

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest?

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AMIT RAWAL J. (ORAL)

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Learned counsel appearing for the petitioner has approached this Court with the following prayer:-

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“ Civil revision petition under Article 227 of the Constitution of India for quashing/dropping the proceedings arisen in civil suits Annexure P-13, Annexure P-16, Annexure P-17 and Annexure P-19 pending in different civil courts at Ludhiana. Filing of above said civil suits and thereafter, continuation of the same is totally an abuse of the process of law.”

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The abovesaid prayer was made on the premise that there is already a litigation decided between the parties and the aforementioned revision petition is for seeking direction to the trial Court not to entertain any suit of the respondent by exercising powers under Article 227 of the Constitution of India. In my view, if at all, the petitioner is aggrieved of the

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pendency of the suits, in view of the fact that the issue at lis between the

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PANKAJ KUMAR 2016.08.08 12:12 I attest to the accuracy and integrity of this document

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C.R. No.8478 of 2015 -2-

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parties has already been decided, he is at liberty to move an appropriate application in accordance with law but not in the mode and manner as has been chosen. In case, such an application seeking rejection of plaint has already been moved, the petitioner shall be at liberty to pursue the same.

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The revision petition is dismissed but with liberty as aforesaid.

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(AMIT RAWAL) JUDGE August 01, 2016 Pankaj* Whether reasoned/speaking Yes/No Whether reportable Yes/No

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PANKAJ KUMAR 2016.08.08 12:12 I attest to the accuracy and integrity of this document

Lakhjinder Kaur Jauhal v. Nirbhai Singh Grewal

Case brief

What is this about?

What did the court decide?

Lakhjinder Kaur Jauhal v. Nirbhai Singh Grewal

Case brief

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What did the court decide?

What the court decided

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