IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.1346 of 2008 (O&M)
Date of Decision 20.07.2009
Rakesh Pal Kaushik and others
......Petitioners
VERSUS
Brish Bhan and others
......Respondents
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr.N.D.Achint, Advocate
with Mr.Deepak Kaushal, Advocate,
for the petitioners.
Mr.Vishal Garg, Advocate,
for the respondents.
*****
A.N.JINDAL, J(ORAL):
The petitioners have filed this petition under Article 227 of the
Constitution of India for setting aside the orders dated 20.11.2007 and
04.01.2008, passed by Civil Judge (Junior Division), Rajpura.
After hearing learned counsel for the parties at length, it
appears that the following issues necessarily arise out of the pleadings of the
parties:-
1. Whether the plaintiffs have no cause of action in view of the
previously decided litigation ? OPP
2. Whether the suit is properly valued for the purpose of Court
fee and jurisdiction ?
It has been submitted that the petitioners want to amend the
written statement in order to take the specific pleas with regard to the
resjudicata and estoppel etc.
In these circumstances, this petition is disposed of with the
direction to the trial Court to frame the issues with regard to cause of action
as well as the Court fee. The petitioners would be at liberty to amend the
written statement so as to raise any other pleas as they are advised or
desired.
(A.N.Jindal)
Judge
20.07.2009
mamta-II
This petition is disposed of without issuing notice to the respondents with a
view to imparting complete justice to the parties and to save huge expenses
which may be occurred by the respondents as also in order to avoid
unnecessary delay in adjudication of the matter. If, still dissatisfied, the
respondents may move this Court for recalling this order.