Revision petition assailed rejection of defendant's Order VII Rule 11 CPC application; suit had reached final arguments and pronouncement of judgment was stayed by this Court. Counsel conceded inability to cite supporting precedent; petition disposed of as infructuous.
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AT CHANDIGARH
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119
CR-721-2019 (O&M) Date of Decision.:12.09.2024
Lalit Rai
Pe&&oner
Vs.
Amarjit Singh
Respondent
CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Sanjiv Gupta, Advocate for the pe��oner. Mr. Ni�n Sharma, Advocate for the respondent. ****
DEEPAK GUPTA, J. (ORAL)
As was no�ced by this Court in its order dated 31.08.2024 that by way of present pe��on order dated 19.11.2018 (Annexure P-8) was assailed by the pe��oner- defendant, whereby his applica�on under Order VII Rule 11 CPC was rejected by the trial Court. It was brought to the no�ce of this Court that suit in ques�on, in which the applica�on for rejec�on of the plaint was dismissed, has reached at the stage of arguments inasmuch evidence of both the par�es stood closed. It was also no�ced by this Court that further proceedings were not taking place because of the order dated 01.10.2019 passed by this Court, whereby the proceedings before the trial Court were directed to con�nue though the pronouncement of the final order was stayed.
NEETIKA TUTEJA 2024.09.12 15:51 I attest to the accuracy and integrity of this document
CR-721-2019 (O&M)
Learned counsel for the pe��oner had sought �me to show the necessary case law that even if the case had reached at the final stage of arguments and the suit is not maintainable, the applica�on under Order VII Rule 11 CPC can be allowed.
However, today learned counsel for the pe��oner clearly conceded that he is not in a posi�on to cite any such law.
Since the ma8er has already reached at the stage of arguments before the trial Court concerned, therefore, the present pe��on is hereby disposed of having been rendered as infructuous. Trial Court is directed to proceed further with the trial in accordance with law without being influenced by any order passed by this Court. Since the ma8er has become old, trial Court shall take necessary steps for expedi�ous disposal of the ma8er pending before it.
( DEEPAK GUPTA )
JUDGE
September 12, 2024
Nee�ka Tuteja
Whether Speaking/reasoned Yes/No Whether Reportable Yes/No
NEETIKA TUTEJA 2024.09.12 15:51 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether an application under Order VII Rule 11 CPC can be entertained at the final stage of arguments when evidence is closed.
1 provisions across 1 enactments
Lalit Rai
Amarjit Singh
Deepak Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
