Civil Revision No.7723 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7723 of 2010 (O&M) Date of Decision 25.01.2011 Smt.Pushpa Devi ...... Petitioner VERSUS Dalip Singh and another ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Gopal Sharma, Advocate, for the petitioner. ***** A.N.JINDAL, J: The petitioner-plaintiff (herein referred as 'the plaintiff') has invoked the powers under Article 227 of the Constitution of India for setting aside the impugned order dated 22.04.2010, passed by the Civil Judge (Senior Division), Rewari, dismissing the suit against respondent No.2-defendant No.2 (herein referred as 'defendant No.2'). The suit was filed by the plaintiff against defendant No.2 before the trial Court. However, the trial Court dismissed the suit against him on the ground that despite specific orders, the petitioner did not supply any copy of the plaint for issuance of notice which could be served upon defendant No.2. Heard. From the zimni orders, it transpires that the Court has recorded wrong findings that the petitioner was awarded opportunities on 10.02.2009, 06.05.2009, 24.09.2009 and 14.12.2009 to file the copy of the plaint. As a matter of fact, on 10.02.2009, there was no specific direction to the petitioner to supply the copy of the plaint. 07.05.2009 was declared Civil Revision No.7723 of 2010 2 holiday and the case was taken up on 06.05.2009 but no specific direction was issued on that day also. It was only 24.09.2009, the Court issued direction for supplying the copy of the plaint and the case was adjourned to 16.12.2009 but on that day, the Presiding Officer was on leave and the file was taken up on 14.12.2009 and the case was adjourned for 22.04.2010. However, the impugned order was passed on 22.04.2010, as such, the said order appears to be factually incorrect. Since defendant No.2 has not been served to appear before the trial Court, therefore, his service is dispensed with. Resultantly, I allow the present petition, set aside the impugned order and direct the petitioner to appear before the trial Court on 07.02.2011 and furnish copies of the plaint and all documents over which he places reliance. The trial Court may adjourn the case for the aforesaid date whereupon the Court would issue notice to defendant No.2 for service and then proceed according to law. (A.N.Jindal) Judge 25.01.2011 mamta-II