High Court Punjab-Haryana High Court

Harkesh Kumar And Anr. vs Subash Chander And Ors. on 20 January, 1998

Punjab-Haryana High Court
Harkesh Kumar And Anr. vs Subash Chander And Ors. on 20 January, 1998
Equivalent citations: (1998) 120 PLR 255
Author: G Garg
Bench: G Garg


ORDER

G.C. Garg, J.

1. Petitioners filed a suit for permanent injunction restraining the defendant-respondent from setting up and operating a Ginning Mill in the locality. He also moved an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, seeking as-interim injunction.

2. The trial Court by order dated 21.9.1993 allowed the application and restrained defendant No. 1 from constructing and installing a Ginning, Mill at the proposed site till the filial disposal of the suit on merits. Defendant filed an appeal and the same was allowed by the learned Addl. Distt. Judge by order dated 29.1.1994, set aside the order of the trial Court and dismissed the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure. Hence this petition at the instance of the plaintiffs.

3. Revision petition was admitted on 11.12.1994, no interim relief was granted.

4. During the course of hearing of this revision petition learned counsel for the parties brought out that the suit was dismissed in default on 9.5.1995 and an application for restoration of the suit was filed and is fixed for 23.2.1998 for consideration.

5. For the reason that the suit was dismissed in default more than two and a half years back and has not yet been restored, I dispose of this revision petition with a direction to the trial Court to take a decision on the application for restoration of the suit on the date already fixed viz. 23.2.1998 and in any case within a month thereof. In the event of the suit being restored, the trial Court shall afford a maximum of three opportunities to each of the parties for their respective evidence at short intervals.

6. The trial Court shall also keep in view the provisions of Order 18 Rule 3-A of the Code of Civil Procedure which enjoins that the party shall himself appear as a witness in the first instance, unless the Court for reason to be recorded permits it to appear as its own witness on a later date. Thus the trial Court shall ensure compliance of these provisions and record the statement of the plaintiff and defendants as the case may be in the first instance, unless it defers the statement for reasons to be recorded in writing. The suit is directed to be disposed of at a very early date, but not later than 31.12.1998. Copy of the order be sent to the trial Court for strict compliance immediately. No costs.