High CourtsSingle Bench(2019) 05 P&H CK 0048

Rakhi And Another vs Amandeep Singh And Others

Punjab And Haryana At Chandigarh · Decided on 8 May 2019

HON’BLE JUDGES
Amol Rattan Singh, J
RESULT
Dismissed
CASE NUMBER
Civil Revision No. 6882 Of 2017 (O&M)

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Judgment

6 paragraphs · 199 words

Amol Rattan Singh, J

By this petition, the petitioners challenge the order of the learned trial court (Additional Civil Judge, Sr. Divn., Mohali), dated 24.08.2017, by which their application seeking to file a written statement has been dismissed.

Learned counsel for the petitioners submits that the application for impleadment of the petitioners as defendants in the suit was filed at the time when their mother, i.e. defendant no.1, was undergoing imprisonment and that they came to know of their having been impleaded as such only when she was released on parole on 23.06.2017.

Learned counsel for the respondents (plaintiffs in the suit), on the other hand submits that the application was filed at a stage when the petitioners themselves had already appeared as defendants' witnesses and testified, taking the same stand as taken by their mother in her written statement, and hence, the application filed subsequently seeking to file a separate written statement was only to delay proceedings, which in fact was a ground taken by the learned trial court for passing the impugned order.

Having considered the matter, in the aforesaid circumstances, I see absolutely no ground to interfere with the impugned order.

Consequently, this petition is dismissed.