IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 29.07.2010 C.R.No.2590 of 2010 Dalbir Kaur and others ...Petitioners Versus Joginder Singh and others ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Ms. Sonia G. Singh, Advocate, for the petitioners. Mr. Yogesh Chaudhary, Advocate, for the respondents. HEMANT GUPTA, J. (Oral) Challenge in the present revision petition is to the order passed by the learned trial Court on 25.01.2010, whereby the petitioner’s suit was dismissed against defendant Nos.3 to 5 for not filing the registered covers and their service. The plaintiff-petitioners have filed a suit for declaration and for permanent injunction challenging the sale effected by defendant Nos.3 to 5 in favour of defendant Nos.1 and 2. It is contended that earlier the suit of the plaintiff against defendant Nos.3 to 5 that he is owner in possession of the land measuring 17 kanals 18 ½ marlas was decreed, but in spite of such decree, sale has been effected by defendant Nos.3 to 5. Learned counsel for the petitioners has vehemently argued that the plaintiff could not comply with the order of the Court to supply the registered covers inadvertently. It is contended that dismissal of suit against defendant Nos.3 to 5 for not filing the registered covers is penal in nature C.R.No.2590 of 2010 and has affected the rights of the petitioners substantially. For default in furnishing the registered covers, the suit should not have been dismissed. Having gone through the order passed by the learned trial Court, I am of the considered opinion that the order of dismissal of suit for not filing the registered covers is harsh and penal in nature. If the plaintiff has failed to file registered covers, the plaintiff could be burdened with costs, but dismissal of the suit for such default has serious consequences for the plaintiff and should have resulted to rarely and in exceptional circumstances. In view of the above, the order dated 25.01.2010 passed by the learned trial Court is set aside. The plaintiff is directed to furnish the registered covers for the service of defendant Nos.3 to 5 in accordance with law. 29.07.2010 (HEMANT GUPTA) Vimal JUDGE 2