Sunil Sardana vs Renu Rawal on 28 April, 2009

Civil Revision No. 7190 of 2008                          -1-

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      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH


                      Civil Revision No. 7190 of 2008
                      Date of decision: 28.04.2009.


Sunil Sardana
                                                    Petitioner

                               Versus

Renu Rawal
                                                    ...Respondent


CORAM: HON'BLE MR. JUSTICE S.D.ANAND.

Present:   None for the petitioner.

           Ms. Sonal Dutta, Advocate for
           Mr. V.M.Gupta, Advocate for the respondent.

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S.D.ANAND, J.

It is apparent from the record that the learned Trial Court

allowed a plea under Order 32 Rule 15 of the C.P.C. without having

even examined the respondent herein (and defendant before the

learned Trial Court). The grievance of the petitioner was that the

impugned order was not valid because the learned Trial Court

granted it even without examining the respondent.

That order was set aside by a Coordinate Bench ( Rajesh

Bindal, J.) vide order dated 17.9.2007 and it was ordered that the

learned Trial Court shall dispose of the matter afresh in the light of

the observations made by this Court.

The learned Trial Court directed the examination of the
Civil Revision No. 7190 of 2008 -2-

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respondent by the Board of Psychiatrists to be constituted by the

Director, PGIMS, Rohtak. In a separate petition (Civil Revision

No.2751 of 2008- Renu Rawal Vs. Sunil Sardana), that order has

been varied by this Court and it has been ordered that the defendant

would be examined by a Board of Psychiatrists to be constituted by

the Director, AIIMS, New Delhi and that the Board shall submit its

report to the learned Trial Court within two weeks of the presentation

of a copy of the order before the Director, AIIMS, New Delhi.

In the light thereof, the petition shall stand disposed of

with a direction to the learned Trial Court to dispose of the matter

afresh after receiving the report from the Board of Psychiatrists to be

constituted by the Director, AIIMS, New Delhi.

April 28, 2009                                (S.D.Anand)
Pka                                              Judge