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Punjab-Haryana High Court

Dilbagh Singh vs The Karnal Improvement Trust And ... on 20 December, 2013

Author: K. Kannan

Bench: K. Kannan

            CR No. 3610 of 2012                                                           1

                        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                       CHANDIGARH


                                           CR No. 3610 of 2012 (O&M)
                                           Date of decision: December 20, 2013.


            Dilbagh Singh
                                                                          ...Petitioner
                                                 Versus

            The Karnal Improvement Trust and another
                                                                          ...Respondents


            CORAM:- HON'BLE MR. JUSTICE K. KANNAN


            Present:           Mr. Kanwardeep Singh, Advocate,
                               for the petitioner.

                               Mr. Mahavir Sandhu, Advocate,
                               for respondent No.1.

                               Mr. Chirag Kundu, Advocate,
                               for respondent No.2.

            K. KANNAN, J. (Oral)

The application for restoration which was dismissed, is subject of revision. The court has found that the application, which was filed for amendment of the plaint which was ordered on 2.5.2005 has not been complied with either by carrying out the amendment or paying costs awarded against the petitioner. The application for restoration was filed belatedly beyond one year after dismissal of the suit. I am hardly convinced with the explanation set forth for restoration, but considering the fact that the petitioner is claiming ownership to immovable property through suit, I allow the application for restoration subject to payment of `25,000/- as costs, to be paid to respondent No.1 within a period of two weeks. The amount of `5,000/-, which was already directed to be deposited to the credit Singh Prem 2014.01.09 10:28 I attest to the accuracy and integrity of this document High Court Chandigarh CR No. 3610 of 2012 2 of the revision petition will form part of the amount now determined as costs.

The revision petition is allowed subject to the above direction.

            December 20, 2013                                        (K.KANNAN)
            prem                                                         JUDGE




Singh Prem
2014.01.09 10:28
I attest to the accuracy and
integrity of this document
High Court Chandigarh