Shamsher Singh Brar @ Shamsher Singh vs Gurpree1nder Singh Brar And Others

Deepak Gupta , J

CM-21875-CII-2025

This is an applicaon under Secon 151 CPC to place on record the table giving detail of dates and events in chronological order as Annexure A-1 and also to place on record the orders passed by the trial Court as Annexure A-2.

Allowed.

Annexures

A-1 and A-2 are taken on record.

CR-5755-2025

Peoner herein is the plainff before leaned Civil Judge (Jr. Divn.), Faridkot in a civil suit bearing No.CS-665-2021, tled as “Shamsher Singh Brar v. Gurpreender Singh Brar and others”. He is aggrieved by the order dated 30.07.2019 (Annexure P-19), whereby as many as four applicaons were disposed of.

Aer hearing learned counsel for the peoner, it has emerged that the main grievance of the peoner is only to the extent that the Court has not clarified about the fate of two of the applicaons as disposed of.

The first grievance as put forth by learned counsel for the peoner-plainff is that the applicaons dated 17.0 7.2024 and 29.08.2024 were moved by the plainff-peoner to place on reco rd certain vital documents and also seeking me to place on record r est of documents. The opposite counsel made statement of his no objecon and the Court accordingly disposed of the two applicaons dated 1 7.07.2024 and 29.08.2024.

Learned counsel for the peoner submits that the words used by the Court are ‘disposed of’, without clarifying as to whether the applicaons have been allowed or not and the peon er apprehends that the documents which are referred in the aforesaid two applicaons dated 17.07.2024 and 29.08.2024 may not be taken into consideraon by the Court at the me of disposing of the applicaon und er Order 39 Rules 1 and 2 CPC.

There appears to be no merit in the aforesaid contenon because the tone and tenor of the order would make it quiet clear that the trial Court has accepted the applicaons dated 17.0 7.2024 and 29.08.2024, perming the peoner-plainff to place on record do cuments in queson. Order dated 30.07.2025 (Annexure P-19) is modified accordingly.

The next grievance put forth by learned counsel for the peoner is that defendant Nos.1 and 2 have been al lowed to file the wrien statement without prejudice to their rights in respect of an applicaon filed under Order 7 Rule 11 CPC, to be di sposed of on merits. To that extent, learned counsel has no grievance. His grievance is that defendants have been given liberty to file fresh wrien statement in case plainff gives beer parculars subsequently. Learne d counsel submits that without clarifying as to in what circumstances, the defendants were allowed to file the amended wrien statement, the order beco mes vague.

Aer hearing learned counsel for the peoner, th e impugned order dated 30.07.2025 (Annexure P-19) is hereby modified by holding that the trial Court shall pass reasoned order for perming defendant Nos.1 and 2 to file the amended wrien statement, in case nece ssity arises aer filing of any addional documents by the plainff, if the C ourt permits the plainff to do so.

With the aforesaid modificaon in the impugned ord er dated 30.07.2025 (Annexure P-19), the present peon is d isposed of.