High CourtsSingle Bench(2010) 11 P&H CK 0250

Arshveer Singh vs Krishan Kumar Jakhar

Punjab And Haryana At Chandigarh · Decided on 15 November 2010

HON’BLE JUDGES
Alok Singh, J
RESULT
Dismissed
CASE NUMBER
C.R. No. 7400 of 2010

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Judgment

5 paragraphs · 199 words

Alok Singh, J.—Present petition is filed challenging the order dated 26.10.2010 passed by Civil Judge (Sr. Divn.) Abohar thereby rejecting the application moved by the defendant (petitioner herein) for rejection of the plaint for not mentioning figures and dates in words as required under Order 6 Rule 2(3) Code of Civil Procedure.

2.

Defendant has moved an application before the learned trial Court for rejection of the plaint for not mentioning the dates and amount in words and the same was dismissed by the learned trial Court having recorded the statement of the Plaintiff that Plaintiff shall mention the dates and amount in words by moving appropriate amendment application under Order 6 Rule 17 CPC.

3.

In the present case dates and amount mentioned in the plaint are not disputed, hence, non-mentioning of the dates and amount in words as well can be said to be mere irregularity which C.R. No. 7400 of 2010 2 can be rectified by moving amendment application. Plaintiff has every right to mention the dates and amount by way of moving amendment application.

4.

At this stage, learned Counsel for the Petitioner seeks permission to withdraw this petition.

5.

Petition is dismissed as withdrawn.