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CR-1657-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (149) CR-1657-2025 (O&M) Date of decision: - 24.04.2025 The Chairman/Managing Director and others ....Petitioners Versus Mahi Pal .....Respondent
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL Present:- Mr. Krishan Kumar Gupta, Advocate, for the petitioners. Mr. S.K. Verma, Advocate for the respondent. **** VIKAS BAHL, J. (ORAL)
1. Present civil revision has been filed under Article 227 of the Constitution of India seeking quashing of the order dated 22.08.2024 (Annexure P-1) passed by the Civil Judge (Junior Division), Panchkula.
2. On 20.03.2025, this Court was pleased to pass the following
order: -
“Present: Mr. Krishan Kumar Gupta, Advocate for the petitioner. ***
Learned counsel for the petitioners has submitted that in the present case, the Food Corporation of India as well as General Manager, Haryana Region, Panchkula are necessary parties, who have not been impleaded. Notice of motion for 23.04.2025. Liberty is granted to the petitioners to serve the respondent NARESH KUMAR 2025.04.25 11:13 I attest to the accuracy and integrity of this document/judgement
CR-1657-2025 (O&M) -2- through the counsel appearing in the trial Court as well through dasti process. To be shown in the urgent list. March 20, 2025”
3.
Learned counsel for the petitioners has submitted that in the present case, it is the Food Corporation of India as well as the General Manager, Haryana Region, Panchkula, who are the necessary parties and who would be required to be impleaded and not the Union of India.
4.
Learned counsel for the respondent has submitted that the respondent has no objection if the Food Corporation of India as well as General Manager, Haryana Region, Panchkula are made parties and the Union of India is deleted from the array of parties and the impugned order is accordingly modified.
5.
Learned counsel for the petitioners has submitted that the present suit also deserves to be dismissed on the ground of limitation and court fee. It is further submitted that the petitioners be permitted to raise the said pleas in the written statement to be filed by the newly added defendants.
6.
Learned counsel for the respondent has submitted that in case any such pleas are taken by the newly added defendants/defendants, liberty be granted to the present respondent to rebut the same by filing a replication and the said pleas be considered during the course of trial, at the time of final adjudication.
7. Keeping in view the above-said facts and circumstances and NARESH KUMAR 2025.04.25 11:13 I attest to the accuracy and integrity of this document/judgement
CR-1657-2025 (O&M) -3- the fair stand taken on behalf of learned counsel for the petitioners as well as learned counsel for the respondent, the impugned order dated 22.08.2024 to the extent that the Union of India was ordered to be impleaded as a party is set aside and it is ordered that the Food Corporation of India as well as the General Manager, Haryana Region, Panchkula are ordered to be impleaded as defendants No.6 and 7 in the suit. The plaintiff would file the amended plaint within a period of two weeks from today. The defendants as well as the newly added defendants would then be given liberty to file a written statement. It would be open to the petitioners to raise all the pleas in the written statement including the pleas of limitation and court fee. The present respondent would also be granted liberty to file a replication to the said written statement rebutting the said pleas.
8. All the pleas so taken in the plaint/written statement/replication would be considered at the time of final arguments by the trial Court, after hearing all the parties concerned.
9. Present revision petition stands disposed of accordingly.
( VIKAS BAHL ) April 24, 2025
JUDGE naresh.k Whether reasoned/speaking? Yes/No Whether reportable? Yes/No NARESH KUMAR 2025.04.25 11:13 I attest to the accuracy and integrity of this document/judgement