Punjab-Haryana High Court
Punjab State Civil Supplies ... vs Joga Singh And Others on 26 April, 2012
Author: Rajesh Bindal
Bench: Rajesh Bindal
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.6906 of 2010 (O&M)
Date of decision: 26.4.2012
Punjab State Civil Supplies Corporation Limited and others
.. Petitioners
Versus
Joga Singh and others
.. Respondents.
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Rakesh Gupta, Advocate for the petitioners.
Mr. V. K. Shukla, Advocate for respondent Nos.2 and 3.
...
Rajesh Bindal J.
Challenge in the present petition is to the order dated 31.03.2009, passed by learned Civil Judge (Senior Division), Moga, whereby in an application filed by respondent No.3 under Order 7 Rule 11 CPC, the plaint has been rejected.
At the very out-set, learned counsel for respondent Nos.2 and 3 submitted that an order passed by the court rejecting a plaint is deemed to be a decree, which shall be appealable before the learned lower appellate court.
Considering the objection raised by learned counsel for respondent Nos. 2 and 3, learned counsel for the petitioners submitted that he may be permitted to withdraw the present petition with liberty to avail of alternative remedy in accordance with law. Ordered accordingly.
Learned counsel for the petitioners further prayed that as the petition remained pending in this court, the delay in filing the appeal may be condoned. Suffice to observe that the petitioners are entitled to file application for condonation of delay along with the appeal, which shall be decided by the court considering the fact that the present petition remained pending in this court.
( Rajesh Bindal ) Judge 26.4.2012 sarita