Punjab-Haryana High Court
Baba Ajit Singh Cold Storage Pvt. Ltd vs Punjab State Electricity Board And ... on 7 August, 2012
Author: A.N. Jindal
Bench: A.N. Jindal
CR No. 3252 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR No. 3252 of 2010 (O&M)
Date of decision: August 7, 2012
Baba Ajit Singh Cold Storage Pvt. Ltd.
...Petitioner
Versus
Punjab State Electricity Board and others
` ...Respondents
CORAM:- HON'BLE MR. JUSTICE A.N. JINDAL
Present: Mr. Mukand Gupta, Advocate
for the petitioner.
A.N. JINDAL, J. (Oral)
Having heard the arguments at length, it transpires that the suit was filed by the plaintiff/petitioner on 24.9.2002 and issues were framed on 13.3.2003. However, despite 17 opportunities, the plaintiff failed to produce its evidence and hence the suit was dismissed by the Additional Civil Judge (Senior Division), Rajpura.
The appeal preferred against the order dated 13.3.2003 was also dismissed by the lower appellate court, vide judgment dated 18.2.2008, which has been challenged in the present petition.
Faced with the situation that the petitioner may not be able to succeed in this petition, for the aforesaid reasons as well as on account of technical defects in the case, learned counsel for the petitioner prays for withdrawal of the suit with permission to file afresh one on the same cause of action.
It appears that the request made by the petitioner is quite reasonable. The suit suffers from some technical defects on account of CR No. 3252 of 2010 2 which it is likely to fail and even otherwise, the plaintiff failed to lead any evidence in the case despite sufficient opportunities having been availed.
In the circumstances, this petition is allowed, impugned judgments are set aside and the petitioner is granted liberty to file a fresh suit on the same cause of action, subject to payment of Rs. 5,000/-.
August 7, 2012 (A.N. JINDAL) prem JUDGE