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2025 DAILYLAW 28034 (PNJ)

SUNITA v. UNION OF INDIA AND ANR

CR/1359/2024 · 2025-02-05

Nidhi Gupta

body2025

Judgment text

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IN TH 132 Sunita Union of I CORAM: Present:- NIDHI GU under Artic order dated in Misc. A restoration dismissed i plaintiff/pe being wido NK) Rame pension, g admissible CR-1359-2024 IN THE HIGH COURT OF PUNJA AT CHANDIGAR Civil Revision N Date of decision Versus n of India and another AM:- HON'BLE MS. JUSTICE NI Mr. Amit Kumar Walia, Advo Mr. Rajinder Singh, Advocate for the petitioner. Mr. Rahul Verma, Advocate fo Mr. Rakesh Verma, Sr. Panel C respondents. GUPTA J. (Oral) The plaintiff is in revision r Article 227 of the Constitution of In r dated 02.4.2022 passed by learned C isc. Application No.26 of 04.9.2019 ration of the Civil Suit No.350 o issed in default vide order dated 30.1.2 Learned counsel for the pe tiff/petitioner has filed a suit for decla widow and dependent of her deceas Ramesh Kumar, was entitled to th ion, gratuity, provident fund etc an ssible to the late husband of the plaint 1 UNJAB AND HARYANA IGARH ion No.1359 of 2024 cision :-05.02.2025 …..Petitioner …..Respondents E NIDHI GUPTA , Advocate with vocate cate for Panel Counsel for the ision petition before this Court of India praying for quashing of rned Civil Judge (Jr. Divn.), Jind 2019 whereby the application for 350 of 21.11.2012, which was 30.1.2014, has been dismissed. the petitioner submits that the eclaration to the effect that she, eceased husband late Sep. (ACP to the pensionary benefits i.e. etc and other accrued benefits plaintiff. The said suit was filed VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document by the peti was dismis order date instructions children, w litigation. was filed b application dated 02.4. dated 02.4. on 24.1.202 made befor restored, sh the original the prayer extraordina restoration counsel for lady having that there w main civil deceased h is allowed CR-1359-2024 e petitioner on 12.10.2011. Howev dismissed for non-prosecution by th r dated 30.01.2014. Learned coun uctions, submits that the petitioner is ren, who would help her in any mann . As such, the application seeking filed by the petitioner only on 04.9. cation was also dismissed by the lea 02.4.2022. Even the appeal dated 1 02.4.2022 stood dismissed by the lea 4.1.2024. Learned counsel submits tha before this Court that in case the Ci red, she would move an appropriate ap riginal suit to approach the concerned Learned counsel for the respon rayer made on behalf of petitioner ordinary and inordinate delay in f ration of the civil suit. Heard. In view of the indisputed fa sel for the petitioner to the effect tha having no source of income and no c there was no one to pursue the litigati civil suit was filed for getting pens ased husband, who was in the Armed lowed and the impugned orders date 2 owever, subsequently the same by the learned trial Court vide counsel for the petitioner, on ner is a widowed lady having no y manner in pursuing the present eeking restoration of the civil suit 04.9.2019. However, the said he learned trial Court vide order ated 12.5.2022 against the order the learned lower Appellate Court its that a limited prayer has been the Civil Suit of the petitioner is iate application for withdrawal of erned Armed Forces Tribunal. espondents vehemently opposes tioner and submits that there is in filing the applications for ted facts as set out by learned ct that the petitioner is a widow d no children to support her and litigation as also the fact that the g pensionary benefits of her late rmed Forces, the present petition s dated 02.4.2022 passed by the VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document Civil Judge as well as Judge, Jind and the ma alongwith a number. February 0 Vijay Asija Whether spea Whether Repo CR-1359-2024 Judge (Jr. Divn.), Jind in Misc. Appli ell as order dated 24.1.2024 passed e, Jind in Civil Misc. Appeal No.12 the main Civil Suit No.350 of 21.11.2 with applications, if any, is ordered t Pending application(s), if any, uary 05, 2025 r speaking/reasoned Yes / No r Reportable Yes / No 3 . Application No.26 of 04.9.2019; assed by the Additional District No.12 of 12.5.2022 are set aside 1.11.2012 filed by the petitioner ered to be restored to its original if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document