Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 134243 (PNJ)

LAXMAN DASS PAHUJA ALIAS LAKSHMAN DASS PAHUJA AND OTHERS v. AMIR SINGH AND OTHERS

CR/9527/2025 · 2025-12-23

Mandeep Pannu

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CR-9527-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA Laxman Dass Pahuja @ Lakshman Dass Pahuja and Others Amir Singh and CORAM : HON'BLE M Present: Mr. Dhruv Mittal MANDEEP PANNU 1. The present civil revision petition under Article 227 of the Constitution of India has been filed by the petitioners inaction and prolonged adjournments by the learned Civil Judge (Junior Division), Gurugram, in Civil Suit No. CS HUDA, Sector adjudication of the application filed by the petitioners under Order 7 Rule 11 CPC. 2. It is not in dispute that the petitioners had filed Order 7 Rule 11 CPC as far back as in the year 2022, seeking rejection of the plaint. Despite the fact that pleadings stand completed and the said application has been pending for more than three years, the learned Trial Court has not same till date and the matter continues to be adjourned from time to time. Such prolonged pendency of a preliminary application, which goes to the very root of the maintainability of the suit, defeats the object of expeditious disposal and cau avoidable prejudice to the parties. (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CR Decided on : Laxman Dass Pahuja @ Lakshman Dass Pahuja VERSUS and Others CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Dhruv Mittal, Advocate for the petitioner -.- MANDEEP PANNU J (Oral). The present civil revision petition under Article 227 of the Constitution of India has been filed by the petitioners inaction and prolonged adjournments by the learned Civil Judge (Junior Division), Gurugram, in Civil Suit No. CS-164-2022 titled HUDA, Sector-38, Gurugram’, and seeking a direction for expeditious adjudication of the application filed by the petitioners under Order 7 Rule 11 CPC. It is not in dispute that the petitioners had filed Order 7 Rule 11 CPC as far back as in the year 2022, seeking rejection of the plaint. Despite the fact that pleadings stand completed and the said application has been pending for more than three years, the learned Trial Court has not same till date and the matter continues to be adjourned from time to time. Such prolonged pendency of a preliminary application, which goes to the very root of the maintainability of the suit, defeats the object of expeditious disposal and cau avoidable prejudice to the parties. -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-9527-2025 (O&M) Decided on :- 23.12.2025 Laxman Dass Pahuja @ Lakshman Dass Pahuja ....Petitioners ....Respondents MANDEEP PANNU Advocate for the petitioners. The present civil revision petition under Article 227 of the Constitution of India has been filed by the petitioners–defendants challenging the inaction and prolonged adjournments by the learned Civil Judge (Junior Division), 2022 titled ‘Amir Singh vs. Estate Officer, , and seeking a direction for expeditious adjudication of the application filed by the petitioners under Order 7 Rule 11 CPC. It is not in dispute that the petitioners had filed an application under Order 7 Rule 11 CPC as far back as in the year 2022, seeking rejection of the plaint. Despite the fact that pleadings stand completed and the said application has been pending for more than three years, the learned Trial Court has not decided the same till date and the matter continues to be adjourned from time to time. Such prolonged pendency of a preliminary application, which goes to the very root of the maintainability of the suit, defeats the object of expeditious disposal and cau - The present civil revision petition under Article 227 of the defendants challenging the inaction and prolonged adjournments by the learned Civil Judge (Junior Division), Amir Singh vs. Estate Officer, , and seeking a direction for expeditious adjudication of the application filed by the petitioners under Order 7 Rule 11 CPC. an application under Order 7 Rule 11 CPC as far back as in the year 2022, seeking rejection of the plaint. Despite the fact that pleadings stand completed and the said application has decided the same till date and the matter continues to be adjourned from time to time. Such prolonged pendency of a preliminary application, which goes to the very root of the maintainability of the suit, defeats the object of expeditious disposal and causes TRIPTI SAINI 2025.12.23 15:25 I attest to the accuracy and integrity of this document CR-9527-2025 (O&M) 3. In view of the limited grievance raised and without expressing any opinion on the merits of the controversy involved between the parties, this Court is of the considered view that the application under Order 7 Ru be decided at the earliest by the learned Trial Court. 4. Consequently, the present civil revision petition is disposed of with a direction to the learned Civil Judge (Junior Division), Gurugram, to decide the application filed by th preferably within a period of one month from the date of receipt of a certified copy of this order, in accordance with law. 5. It is clarified that this Court has not examined the merits of the application or the suit, and all contentions of the parties are left open to be raised before the learned Trial Court. 6. Pending application(s), if any, also stand disposed of. December 23, 2025 tripti Whether speaking/non Whether reportable (O&M) In view of the limited grievance raised and without expressing any opinion on the merits of the controversy involved between the parties, this Court is of the considered view that the application under Order 7 Ru be decided at the earliest by the learned Trial Court. Consequently, the present civil revision petition is disposed of with a direction to the learned Civil Judge (Junior Division), Gurugram, to decide the application filed by the petitioners under Order 7 Rule 11 CPC expeditiously, preferably within a period of one month from the date of receipt of a certified copy of this order, in accordance with law. It is clarified that this Court has not examined the merits of the ation or the suit, and all contentions of the parties are left open to be raised before the learned Trial Court. Pending application(s), if any, also stand disposed of. 2025 ( Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -2- In view of the limited grievance raised and without expressing any opinion on the merits of the controversy involved between the parties, this Court is of the considered view that the application under Order 7 Rule 11 CPC deserves to be decided at the earliest by the learned Trial Court. Consequently, the present civil revision petition is disposed of with a direction to the learned Civil Judge (Junior Division), Gurugram, to decide the e petitioners under Order 7 Rule 11 CPC expeditiously, preferably within a period of one month from the date of receipt of a certified copy It is clarified that this Court has not examined the merits of the ation or the suit, and all contentions of the parties are left open to be raised Pending application(s), if any, also stand disposed of. (MANDEEP PANNU) JUDGE speaking : Speaking : Yes/No - In view of the limited grievance raised and without expressing any opinion on the merits of the controversy involved between the parties, this Court is le 11 CPC deserves to Consequently, the present civil revision petition is disposed of with a direction to the learned Civil Judge (Junior Division), Gurugram, to decide the e petitioners under Order 7 Rule 11 CPC expeditiously, preferably within a period of one month from the date of receipt of a certified copy It is clarified that this Court has not examined the merits of the ation or the suit, and all contentions of the parties are left open to be raised TRIPTI SAINI 2025.12.23 15:25 I attest to the accuracy and integrity of this document