IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.7305 of 2009 (O&M) Date of Decision : 10.12.2009 Mamta Finance Company .....Petitioner versus Gurvinder Singh and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Aman Pal, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- ORDER Surya Kant, J. (Oral) This revision petition is directed by the defendant against the order dated 19.11.2009 passed by the Civil Judge (Junior Division), Patiala, whereby his application to strike off the issues No.4-A, 4-B & 4-C, which were framed on 25.10.2004, has been dismissed. The above-stated application was moved by the petitioner- defendant at the stage when the proceedings in the suit are near completion as the case is at the fag end and is now fixed for rebuttal and arguments. The primary grievance of the petitioner-defendant against the afore-stated issues is that the same could arise for consideration only if he had filed any counter-claim and that the findings returned against these C.R. No.7305 of 2009 (O&M) 2 issues are likely to affect the merits of the civil suit for recovery which he had already filed and in which the proceedings had been stayed by the trial Court under Section 10 CPC. Having heard learned counsel for the petitioner, I do not find any ground to interfere with the impugned order. The issues were framed way back in the year 2004 and both the parties have consciously led their respective evidence being fully aware of the issues framed. Not only this, the petitioner-defendant has already been granted opportunities to produce his evidence/additional evidence vide two separate orders passed by this Court in Civil Revision No.4626 of 2007, decided on 14.1.2008 and Civil Revision No.2748 of 2008, decided on 10.8.2009. In these circumstances, no case to interfere with the impugned order is made out by this Court, except to observe that the petitioner- defendant shall be at liberty to prove the issues arising in the civil suit filed by him, in accordance with law. Dismissed with the liberty aforesaid. 10-12-2009 (SURYA KANT) Mohinder JUDGE