IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2997 of 2011 Date of decision: 5.5.2011 Harjinder Kaur … Petitioner versus Gurmit Singh … Respondent CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Sukhjit Singh, Advocate, for the petitioner ... ARVIND KUMAR, J: The present petitioner is the plaintiff in the suit for recovery titled Harjinder Kaur v. Gurmit Singh. She is aggrieved with order dated 4.2.2011 passed by the Additional Civil Judge(Sr.Division), Samrala, by dint of which her suit has been dismissed in default under Order 9 rule 2, Code of Civil Procedure, for not furnishing copy of the pleadings for issuance of notice to the defendant. Hence, the present revision. Counsel for the petitioner contends that copy of the plaint had already been annexed along with the court-fee at the time of filing of the suit otherwise for want of complete formalities, the suit is never accepted in the Registry and is returned with objections. It has been argued that the impugned order does not indicate if the Registry raised any objection for not filing copy of the plaint. Thus, the prayer made is that only one opportunity be granted to do the needful. Heard. There is no finding by the trial Court that with any ulterior motive, copy of the pleadings was not furnished or that the plaintiff was in any way interest in delaying the service of the defendant. In this back- drop, the plaintiff deserves one opportunity for furnishing copy of the pleadings. Accordingly, the revision petition is allowed, impugned order is set aside and the suit is restored to its original number and only one C.R. No. 2997 of 2011 -2- opportunity is afforded to the plaintiff-petitioner to furnish copy of the pleadings for the purpose of issuance of notice to the defendant. Keeping in view the circumstances mentioned above, this revision is being disposed of without issuing any notice to the opposite party. If the respondent is summoned to contest this litigation, he will have to incur huge expenses to defend this case. However, liberty is granted to the respondent that if he feels dissatisfied with this order, he may move an application to recall the same. The petition stands disposed of accordingly. May 05, 2011 ( ARVIND KUMAR ) JS JUDGE