SARWAN SINGH AND ANOTHER v. AVTAR SINGH ALIAS TARA AND OTHERS
CR/1328/2018 · 2025-08-26
Vikas Bahl
body2025
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[ 2025 DAILYLAW 12296 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12296 (PNJ) · dailylaw.ai ]
Judgment text
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CR-1328-2018(O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***
CR-1328-2018(O&M)
Date of decision : 26.08.2025
Sarwan Singh and another
... Petitioners
Versus
Avtar Singh alias Tara and others
... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: None.
VIKAS BAHL, J.(ORAL)
CM-14153-CII-2025
1.
This is an application under Order 9 Rule 9 read with Section 151 CPC for restoration of the revision petition which was dismissed for non-prosecution.
2.
For the reasons stated in the application which is supported by an affidavit, the application is allowed and the order dated 10.07.2025 is recalled and the main petition is ordered to be restored to its original number. Main case
1.
This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 07.02.2018 Davinder Kumar 2025.08.27 12:02 I attest the accuracy and authenticity of this order /
judgment
CR-1328-2018(O&M) 2
(Annexure P-1) passed by the Additional Civil Judge (Sr.Div.), Phul, vide which the trial Court dismissed the application filed by the petitioner for seeking permission to examine expert witness.
2.
It is brought to the notice of this Court that the main suit itself has been dismissed in default under Order 9 Rule 3 CPC on 01.08.2025 and thus, the present petition has been rendered infructuous.
3.
Accordingly, the present petition is disposed of as having been rendered infructuous. Liberty is granted to the petitioner to revive the present petition in case the main suit is restored or any cause survives in the present petition.
(VIKAS BAHL)
JUDGE August 26, 2025. Davinder Kumar
Whether speaking / reasoned
Yes/No
Whether reportable
Yes/No
Davinder Kumar 2025.08.27 12:02 I attest the accuracy and authenticity of this order /
judgment