C. R. No. 1013 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : C. R. No. 1013 of 2010 Date of Decision : February 17, 2010 Amarbir Kaur and others .... Petitioners Vs. Smt. Rekha and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Amit Jain, Advocate for the petitioners. * * * L. N. MITTAL, J. (Oral) : This is revision petition by plaintiffs, filed under Article 227 of the Constitution of India, challenging order dated 09.11.2009 (Annexure P- 1), passed by Additional Civil Judge (Senior Division), Hisar, thereby dismissing the suit qua defendants no.1 and 3 to 7 for non-prosecution because the plaintiffs failed to furnish correct addresses of the said defendants for service of summons on them. Learned counsel for the petitioners prays that only one more opportunity may be granted to the petitioners to furnish correct addresses of defendants no.1 and 3 to 7 and to take necessary steps for service of summons on them. It has to be noticed that the suit has become more than two years old and even service on defendants is not yet complete on account of lapse on the part of the plaintiffs. In addition thereto, even the instant C. R. No. 1013 of 2010 2 revision petition has been filed more than three months after the passing of the impugned order. However, nevertheless, the impugned order would prove very harsh to the plaintiffs because the suit itself stands dismissed qua defendants no.1 and 3 to 7. I am, therefore, of the opinion that interest of justice would be served if another opportunity is granted to the petitioners to take steps for serving the aforesaid defendants on payment of cost. The petitioners have to be burdened with heavy cost because they have also filed the instant revision petition after long and undue delay. I intend to dispose of the instant revision petition without issuing notice to the respondents because the effected respondents-defendants no.1 and 3 to 7 have not yet been served in the suit. In view of the aforesaid, the instant revision petition is allowed and impugned order dated 09.11.2009 (Annexure P-1), passed by the trial court, is set aside and the petitioners are given only one more opportunity to furnish correct addresses of unserved respondent-defendants no.1 and 3 to 7, within two weeks from today before the trial court and thereupon, the trial court shall take necessary steps in accordance with law for effecting service of summons on defendants no.1 and 3 to 7, subject to deposit of Rs.3,000/- as cost with District Legal Services Authority, Hisar. February 17, 2010 ( L. N. MITTAL ) monika JUDGE