Punjab-Haryana High Court
Anu Aggarwawal & Anr vs Surender Kumar Bhalla &Anr; on 15 May, 2018
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
CR No.8978 of 2017 (O & M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
135
CR No.8978 of 2017 (O & M)
Date of Decision:15.05.2018
Anu Aggarwal and another ...Petitioners
Versus
Surender Kumar Bhalla and another ...Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Madan Gupta, Advocate
for the petitioners.
Mr.Jitender Singh Dadwal, Advocate
for respondent No.1.
***
ANIL KSHETARPAL, J.(Oral)
Defendants-petitioners are in the revision petition against the order passed by the learned trial Court dismissing the application under Section 10 of the Code of Civil Procedure vide order dated 10.11.2017. Learned trial Court rather than deciding the application under Section 10 of the Code of Civil Procedure has dismissed the application on technical objections i.e. (i) certified copy of the plaint in the other suit filed by the defendants has not been filed; (ii) the application is not supported by an affidavit.
It is not in dispute that a copy of the plaint filed by the defendants was available on the file of the Court. Contents of the aforesaid plaint filed by the defendants were not being disputed by the plaintiffs. Section 10 of the Code of Civil Procedure requires the Court to stay the proceedings in a subsequent suit if the Court comes to a conclusion that 1 of 2 ::: Downloaded on - 08-07-2018 10:47:19 ::: CR No.8978 of 2017 (O & M) -2- requirements of Section 10 of the Code of Civil Procedure are fulfilled. The Court rather than deciding the application on merits, choose to dismiss the same on technical ground only.
In view of the aforesaid, the order under challenge is set aside. Learned trial Court is directed to re-decide the application under Section 10 of the Code of Civil Procedure on merits without going into the hyper technicalities.
Revision petition is allowed.
15.05.2018 (ANIL KSHETARPAL)
sheetal JUDGE
Whether Speaking/Reasoned: Yes/No
Whether Reportable : Yes/No
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