IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.7121 of 2008
Date of decision : 16.1.2009
Smt. Nirmal Sharma .....Petitioner
Versus
General Public and others ...Respondents
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. Lalit Thakur, Advocate for the petitioner.
S. D. ANAND, J.
A petition filed by the petitioner in the Court at Chandigarh
having been found to be beyond the territorial jurisdiction of that Court, the
plaint she filed therein was ordered to be returned to the plaintiff-petitioner
for presentation to the learned District Judge, Panchkula. That order was
granted in terms of the provisions of Order 7 Rule 10-A of the Code of Civil
Procedure.
The petitioner did not accept the plaint and insisted upon the
return of the documents (which had been filed by her alongwith plaint as
well) too. That plea of her was declined by the learned Additional District
Judge, Chandigarh, vide impugned order dated 30.4.2008.
Learned counsel for the petitioner states that he would be
content and interest of justice would be served, if a direction is issued to
the learned Additional District Judge, Chandigarh to forward the
documents annexed with the plaint to the Court of learned District Judge,
Panchkula.
The petition is disposed of in limine with a direction to the
learned Additional District Judge, Chandigarh to return the plaint to the
petitioner and forward the documents annexed therewith to the Court of
learned District Judge, Panchkula directly.
January 16, 2009 (S. D. ANAND) Pka JUDGE