SANDEEP KUMAR Vs. RAVINDER SHARMA
LAWS(P&H)-2012-2-130
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 02,2012

Sandeep Kumar and others Appellant
VERSUS
Ravinder Sharma and others Respondents

JUDGEMENT

Laxmi Narain Mittal, J. - (1.) DEFENDANTS no.3 to 7 have filed this revision petition under Article 227 of the Constitution of India assailing order dated 26.02.2011 passed by learned Civil Judge (Junior Division), Jalandhar, thereby dismissing application of petitioners for amendment of written statement.
(2.) RESPONDENTS no.1 to 6/plaintiffs filed suit against proforma respondents no. 7 and 8 (defendants no.1 and 2) and against petitioners (defendants no.3 to 7) for partition of House No. 62 and Shop No. 75. Defendants, in their written statement, pleaded that plaintiffs have no right in the aforesaid suit properties. By way of amendment, defendants no.3 to 7 want to raise additional preliminary objections no.9 and 10 to the effect that if the Court finds the two suit properties to be joint properties of the parties, in that event, the suit is bad for partial partition as property no. 45, which is admittedly joint property of the parties, has not been included in the suit and that the suit is bad for non -joinder of necessary parties because Sri Ram, Mohan Lal, Khushi Ram, Baldev Sahai and Bhagwan Dass - owners of property no. 45 are also necessary party to the suit. The aforesaid amendment application has been dismissed by the trial court vide impugned order dated 26.02.2011, which is under challenge in this revision petition.\
(3.) COUNSEL for the petitioners prays for another adjournment to address arguments, for which no ground or justification is made out. No written request for adjournment has either been made. Following order was passed on the preceding date of hearing : Again there is written request for adjournment on behalf of counsel for the petitioner being out of station for some personal work. No justification for adjournment is made out because in this case filed as urgent one, large number of adjournments have been sought by counsel for the petitioners for preliminary hearing. It is 11th or 12th date for preliminary hearing. In the interest of justice, one last and final opportunity is granted. Adjourned to 02.02.2012. It is made clear that no further adjournment shall be granted under any circumstances.;


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