Civil Rev. 2342 of 2009 1
IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH
Civil Rev. 2342 of 2009
Date of decision: 7.8.2009
Milkh Raj
Petitioner
vs
Gurdwara Anand Bhawan, Saffuwala
Respondent
Present Mr. VK Shukla, Advocate
M.M.S.BEDI,J.
Notice issued to the respondent has been received back
served. None has put in appearance on behalf of the respondent.
Proceeded against ex-parte
A perusal of the file indicates that vide impugned order dated
30.3.2009, the plaintiff-respondent has been permitted to produce a
certified copy of the resolution dated 1.11.2003, passed by the Gurdwara
Committee on the record. The application for production of the said
resolution was opposed on the ground that the plaintiff wanted to delay the
proceedings and that the evidence of the plaintiff-respondent stood closed.
While allowing the application, the trial court observed that the
plaintiff had specifically pleaded about the resolution dated 1.11.2003 in
paragraph 6 of the plaint and a copy of the resolution had already been
attached with the plaint. The plaintiff-respondent merely wanted to produce
the certified copy of the same.
I have carefully gone through the facts and circumstances of
this case. The suit of the plaintiff is for recovery of Rs. 1,59,020/- on the
basis of receipt-cum-undertaking dated 19.6.2002. The resolution in favour
Civil Rev. 2342 of 2009 2
of the plaintiff-respondent is not the main controversy between the parties.
In view of the fact that no prejudice will be caused to the
defendant- petitioner by permitting a certified copy of the resolution dated
1.11.2003 to be placed on record, this petition deserves to be dismissed.
No ground for interference is made out.
Dismissed.
August 7 ,2009 ( M.M.S.BEDI ) TSM JUDGE