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[Cites 2, Cited by 0]

Punjab-Haryana High Court

Commodore Vijay Kumar Gautam(Retd) vs Bhupinder Singh And Others on 14 December, 2023

                                                   Neutral Citation No:=2023:PHHC:160324




113.                                                        2023:PHHC:160324
       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                        CR-4796-2023
                                        Date of decision: 14.12.2023

COMMODORE VIJAY KUMAR GAUTAM(RETD)                          .... Petitioner


                                Versus


BHUPINDER SINGH AND OTHERS                                 .... Respondents


CORAM: HON'BLE MR. JUSTICE GURBIR SINGH

Present:    Petitioner in person.
                                ----

GURBIR SINGH, J. (Oral)

Challenge in this revision petition filed under Article 227 of the Constitution of India is to the order dated 06.05.2023 (Annexure P-1) whereby the application filed by the petitioner under Order VIII Rule 1 CPC for closing opportunity to the respondents-defendants to file written statements and striking off their defense, has been dismissed.

It is contended that the respondents-defendants took many adjournments and he had to attend the court of every hearing, but no cost has been imposed upon them.

While dismissing the application of the petitioner, the trial Court observed that written statement has already been filed by the respondents- defendants No.1 to 3 on 03.05.2023 and the delay has been caused due to pendency of applications.

1 of 2 ::: Downloaded on - 18-12-2023 23:32:34 ::: Neutral Citation No:=2023:PHHC:160324 CR-4796-2023 -2- Without commenting on the merits of the case, this petition is dismissed. However, as regard the contention of the petitioner that cost was required to be imposed on other party, the petitioner is free to move an application before the concerned court for claiming the cost.

If such an application is moved, the same be decided in accordance with law expeditiously but not later than one month of filing the said application.





                                               (GURBIR SINGH)
                                                   JUDGE
December 14, 2023
sanjeev
          Whether speaking/reasoned:                 Yes/No
          Whether reportable:                        Yes/No




Neutral Citation No:=2023:PHHC:160324 2 of 2 ::: Downloaded on - 18-12-2023 23:32:35 :::