Remanded

Hardev Singh v. Lal Singh Since Deceased Thr Lrs and Ors.

Punjab & Haryana HC22 Mar 2023CR/4558/2018

Case brief

AI extract

What is this about?

The High Court set aside a trial court's impugned order that summarily dismissed an application for amendment of plaint under Order 6 Rule 17 CPC. The higher court found the order perverse due to lack of reasoning, absence of opportunity for reply, and dismissal based solely on timing without appication of mind. The matter was remanded.

What did the court decide?

Impugned order dismissed; matter remanded to Trial Court to decide application for amendment afresh on merits.

Hardev Singh Vs Lal Singh Since… — Civil Procedure and Limitation | Punjab & Haryana HC (2023)

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2023:PHHC:042269

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269

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR-4558-2018 (O&M) Date of decision : 22.03.2023

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Hardev Singh ... Petitioner(s) Versus Lal Singh (since deceased) through LRs & Ors. ... Respondent(s)

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CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

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Present : Mr. Rahul Bhargava, Advocate for the petitioner.

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Mr. Vikas Gupta, Advocate for respondent Nos.1 and 2.

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ALKA SARIN, J. (ORAL)

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The present revision petition has been filed challenging the impugned order dated 18.05.2018 (Annexure P-7) dismissing the application filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) for amendment of the plaint.

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The brief facts relevant to the present lis are that the plaintiffpetitioner initially filed a suit for permanent injunction for restraining the defendant-respondents from illegally interfering, disturbing or taking forcible possession of the property in dispute. Subsequently, at the time when the case was fixed for the evidence of the plaintiff-petitioner, an application was filed for amendment of the plaint. The application was contested by the defendant-

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respondents and vide the impugned order dated 18.05.2018 (Annexure P-7)

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YOGESH SHARMA 2023.03.23 09:35 I attest to the accuracy and integrity of this judgment/order. Punjab and Haryana High Court, Chandigarh

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2023:PHHC:042269

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CR-4558-2018 (O&M)

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the said application was dismissed.

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Learned counsel for the plaintiff-petitioner would contend that there is no reasoning forthcoming in the impugned order for dismissal of the application except the reason that it has been filed after the commencement of the trial and that it would amount to wastage of court time.

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Per contra , learned counsel for defendant-respondent Nos.1 and 2 has contended that a number of opportunities were granted and instead of leading his evidence, the present application for amendment of the plaint was filed.

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Heard.

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In the present case the application for amendment has not been dealt with by the Trial Court on merits and has been summarily dismissed without any application of mind by holding that the application has been filed after the commencement of the trial and that the application was being dismissed without adjourning the same for even filing of a reply because the same would amount to wastage of court time. It is not comprehendible as to on what basis the application under Order 6 Rule 17 CPC has been dismissed. Merely because an application was filed after the commencement of the trial cannot be the sole ground for dismissal of the application under Order 6 Rule 17 CPC. In the present case the Trial Court has not even given an opportunity to the defendant-respondents to file their reply and in a very casual manner dismissed the application holding that it would amount to wastage of court time. The impugned order is perverse and is not sustainable in law and is, YOGESH SHARMA 2023.03.23 09:35 I attest to the accuracy and integrity of this judgment/order. accordingly, set aside. The matter is remanded to the Trial Court to decide the Punjab and Haryana High Court, Chandigarh

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2023:PHHC:042269

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CR-4558-2018 (O&M)

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application for amendment afresh, on merits, as well as in accordance with law.

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Disposed off accordingly. Pending applications, if any, also

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stand disposed off.

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22.03.2023 ( ALKA SARIN ) Yogesh Sharma JUDGE

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NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

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YOGESH SHARMA 2023.03.23 09:35 I attest to the accuracy and integrity of this judgment/order. Punjab and Haryana High Court, Chandigarh

Hardev Singh v. Lal Singh Since Deceased Thr Lrs and Ors.

Case brief

What is this about?

What did the court decide?

Hardev Singh v. Lal Singh Since Deceased Thr Lrs and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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