Civil Revision No. 5465 of 2007 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5465 of 2007 Date of decision: 27.03.2009. Harpal Singh ...Petiitioner Versus Gurbachan Kaur and others ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. O.P.Goel, Senior Advocate with Ms. Priya Khurana, Advocate for the petitioner. None for the respondents ***** S.D.ANAND, J. Satwant Kaur respondent no.3 herein filed a civll suit bearing No.65/389T dated 27.3.1995 for a declaration against her brother Malkiat Singh who contested it. The suit ended in a compromise dated 10.4.1997. A decree came to be passed, on the basis thereof, on 6.1.1998. Thereafter, Satwant Kaur aforementioned sold her land to the petitioner herein. Malkiat Singh aforementioned filed a suit for a declaration that the judgment and decree dated 6.1.1998 in Civil Suit No.165/389 of 1995 was based upon fraud, undue influence and misrepresentation etc. He also applied for the grant of an injunction restraining the defendants therein from executing the impugned decree. Malkiat Singh died during the trial and was, thereafter, represented by legal Civil Revision No. 5465 of 2007 -2- **** representatives before the Trial Court. The other respondents also contested that suit. Issues were framed on 4.8.1998 and the plaintiff therein closed the evidence. It was thereafter that the petitioner herein filed a plea for framing of additional issue. That plea was conceded by the counsel for Malkiat Singh and two additional issues came be framed on 12.3.2007. The evidence on behalf of the contesting defendants was closed on 21.3.2007. The matter came to be fixed for recording of rebuttal evidence on 4.4.2007 23.4.2007 4.5.2007 18.5.2007 1.6.2007 15.6.2007 20.7.2007 10.8.2007 and 17.8.2007. On all these dates, the matter was also listed for hearing the arguments. However, on 17.8.2007, none entered appearance on behalf of the plaintiff therein. Defendants therein were represented. The learned Trial Judge did not dismiss the suit in default. It noticed the explanation to Order 17 Rule 2 C.P.C. and ordered that she would proceed with the case. Arguments was addressed in part by two defendants therein and matter was adjourned to 24.8.2007. On that date, the matter was adjourned to 3.9.2007. On that date, the Trial Court noticed that since the rebuttal evidence had not been (formally) closed, it ordered the closure of rebuttal evidence and adjourned the case to 3.9.2007 for arguments. Arguments were not addressed on 3.9.2007 on which date the matter was adjourned to 7.9.2007. On that date, again none entered appearance on behalf of the plaintiff therein. The Court, however, proceeded to frame two issues. The learned counsel has a grievance that the Trial Court Civil Revision No. 5465 of 2007 -3- **** having once decided to proceed with the suit ought to have proceeded to dispose it of. The learned counsel, otherwise, states at the bar that two issues framed on 12.3.2007 do otherwise arise out of the pleadings of the parties and evidence relatable thereto has already been adduced at the trial. It is apparent from the procedural law that if a plaintiff is not present on a particular date, the Trial Court has either option of dismissing the suit in default or it may, in its discretion, proceed to dispose of the suit on merits in the light of the authorisation provided by the Explanation to Order 17 Rule 2 C.P.C. The petition shall stand disposed of accordingly with the direction to the learned Trial Court to proceed to exercise either of the two options on the date matter comes to be listed before it. Order in that behalf shall be positively granted on that date itself. The petitioner, through his learned counsel, is directed to appear before the learned Trial Court on 6.4.2009 The acknowledgment (of a copy of this order) issued by the concerned Judicial Officer shall be forwarded to the Registry of this Court. Learned Sessions Judge shall himself maintain a tab to ensure that the case is disposed of by afore-mentioned date. March 27, 2009 (S.D.Anand) Pka Judge