Joginder Singh And Others vs U.T. Chandigarh on 27 November, 2009

[Cites 1, Cited by 5]

Punjab-Haryana High Court

Joginder Singh And Others vs U.T. Chandigarh on 27 November, 2009

Bench: Nirmaljit Kaur

  IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                        RFA No. 4121 of 2008 (O&M)
                                        Date of decision : November 27, 2009
Joginder Singh and others

                                                         Appellants

                         Versus

U.T. Chandigarh

                                                         Respondents
CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR

Present :    Mr. Hardip Singh, Advocate
             for the appellants

             Ms. Jaishree Thakur Kaur, Advocate
             for respondent - U.T.

NIRMALJIT KAUR, J. (ORAL)

C.M. No. 8218-CI of 2008 This is an application for condonation of delay of 65 days in re- filing the appeal.

For the reasons recorded in application, delay of 65 days in re- filing the appeal is hereby condoned.

C.M. is allowed.

C.M. No. 8219-CI of 2008 C.M. is allowed with all just exceptions. C.M. No. 8220-CI of 2008 This is an application under Rule 2 Part-C Chapter I Volume V of the Punjab and Haryana High Court Rules for bringing on record the legal representatives of Sarwan Singh @ Swaran Singh (since deceased)- claimant.

It is stated that Sarwan Singh @ Swaran Singh died on 25.12.2006 and there is no other legal representative of Sarwan Singh @ Swaran Singh except legal representative mentioned in para 2 of the application. An affidavit in support of the same has also been placed on record.

RFA No. 4121 of 2008 (O&M) 2

In view of the same, application for bringing on record Legal Representatives of Sarwan Singh @ Swaran Singh as mentioned in para 2 are ordered to be impleaded as such.

C.M. is allowed with all just exceptions. Memo of parties be accordingly corrected. C.M. No. 8221-CI of 2009 This is an application under Rule 2 Part-C Chapter I Volume V of the Punjab and Haryana High Court Rules for bringing on record the legal representatives of Nasib Singh (since deceased) - claimant.

It is stated that Nasib Singh died on 5.3.2007 and there is no other legal representative of Nasib Singh except legal representatives mentioned in para 2 of the application. An affidavit in support of the same has also been placed on record.

In view of the same, application for bringing on record Legal Representatives of Nasib Singh as mentioned in para 2 are ordered to be impleaded as such.

C.M. is allowed with all just exceptions. Memo of parties be accordingly corrected. RFA No. 4121 of 2008 Learned counsel for the appellant states that the present RFA is covered by judgment rendered by this Court in RFA No. 2632 of 2005 titled as Union Territory, Chandigarh vs. Prabhjot Singh decided on 26.3.2009.

Learned counsel for the respondent does not dispute the factual position that the instant appeal is squarely covered by the decision rendered by this Court in RFA No. 2632 of 2005 titled as Union Territory, Chandigarh vs. Prabhjot Singh In view of the aforesaid statement made by the learned RFA No. 4121 of 2008 (O&M) 3 counsel for the parties, the present appeal is disposed off in the same terms as RFA No. 2632 of 2005, decided on 26.3.2009 and the matter is remanded back accordingly.

In view of the above stand of learned counsel for the parities, the parties through their learned counsels are directed to appear before District Judge, Chandigarh on 21.12.2009 for further proceedings.

Disposed off in the above terms.

(Nirmaljit Kaur) 27.11.2009 Judge reena

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