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Jaspreet Singh vs Santokh Singh

Punjab And Haryana At Chandigarh · Decided on 16 March 2012 · Citation: (2012) 03 P&H CK 0225

HON’BLE JUDGES
Tejinder Singh Dhindsa, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Order 39 Rule 1, Order 39 Rule 2 · Constitution of India, 1950 — Article 227
CASE NUMBER
C.R. No. 1705 of 2012 (O and M)
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Judgment

2 paragraphs · 224 words

Tejinder Singh Dhindsa, J.—The present revision petition under Article 227 of the Constitution of India has been filed for issuance of directions to the Trial Court for disposal of an injunction application filed under Order 39 Rules 1 & 2 of the CPC by the present petitioner/plaintiff in civil suit No. 232 dated 14.6.2011. Learned counsel for the petitioner/plaintiff submits that the civil suit No. 232 dated 14.6.2011 was presented on 14.6.2011 and was taken up on 15.6.2011, wherein notice of the suit as well as on the stay application was issued for 12.8.2011. The sole defendant in the suit had caused appearance on 1.10.2011. Thereafter, neither has any written statement been filed nor any order passed by the Trial Court on the application filed by the petitioner-plaintiff under Order 39 Rules 1 & 2 of the Code of Civil Procedure. Learned counsel while referring to the zimni orders as reproduced in para 3 of the present revision petition, contends that the matter has been adjourned on more than 10 occasions.

2.

In the light of such factual position, it would be appropriate to direct the Trial Court to adjudicate upon the application filed by the petitioner-plaintiff under Order 39 Rules 1 & 2 of the CPC expeditiously and in any case not later than three months from today. Revision petition is disposed of.