Punjab-Haryana High Court
Charanjit Singh vs Jaswant Singh And Ors on 28 February, 2022
Author: Rajbir Sehrawat
Bench: Rajbir Sehrawat
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
212
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IN VIRTUAL COURT
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IOIN -CR-3035 of 2021 in/and
CR No. 3035 of 2021
Date of decision : 28.2.2022
Charanjit Singh ......Petitioner
Vs.
Jaswant Singh and others ......Respondents
Coram: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
Present : Mr. Sushant Kareer, Advocate, for the petitioner
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Rajbir Sehrawat, J. (Oral)
This is a petition under Article 227 of the Constitution of India against order dated 20.8.2021 (Annexure P-4), passed by the Civil Judge, (Junior Division), Ludhiana in civil suit bearing CS No. 50242 of 2013 titled as 'Charanjit Singh v. Jaswant Singh', filed by the petitioner/plaintiff for specific performance of agreement of sale dated 30.1.2006, executed by respondent/defendant No.1 in favour of the petitioner/ plaintiff; and for permanent injunction; whereby application under Order 6 Rule 17 read with Section 151 CPC filed by the petitioner/plaintiff for amendment of plaint, has been dismissed. It is also prayed that the above said impugned order be stayed along with all proceedings arising thereto during the pendency of the present petition.
On 30.11.2021 while issuing notice of motion, passing of final order was also stayed till the next date of hearing. After this order, a communication has been received from the Civil Judge (Junior Division), Ludhiana, which has been put up by the office today, wherein it has been stated 1 of 2 ::: Downloaded on - 24-04-2022 22:25:04 ::: IOIN -CR-3035 of 2021 in/and CR No. 3035 of 2021 -2- as under:
"the order of the Hon'ble High Court was received by the undersigned on 4.1.2022 after dismissal of the case on 20.12.2021 and on 4.1.2022 only the above said order came to the knowledge of the undersigned for the first time."
In view of the above, the main case is preponed to today itself for disposal.
The counsel for the petitioner submits that the main suit itself has been dismissed by the trial Court on account of the interim order not having been brought to the notice of the trial Court. Therefore, the present petition has been rendered infrucutous.
Dismissed as such.
(RAJBIR SEHRAWAT)
JUDGE
28.2.2022
Ashwani
Speaking/Reasoned : Yes/No
Reportable : Yes/No
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