C.R. No. 1601 of 2008 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.R. No. 1601 of 2008 (O&M) Date of decision : 22.4.2010 ... Rohtash Dass Chela Meena Dass Chela Sohan Dass ................Petitioner vs. Umrao through LRs .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Sanjay Mittal, Advocate for the petitioner Sh. R.D.S. Nirban, Advocate for the respondent. ... K.C. Puri, J. (Oral) This is a revision petition against order dated 28.8.2007 passed by Sh.D.N. Bhardwaj, Additional Civil Judge (Senior Division), Mohindergarh, vide which the application under Order 21 Rule 32 CPC, was dismissed. Rohtash Dass filed a suit for permanent injunction, which was dismissed by the trial Court but the appeal was accepted by the Additional District Judge, Narnaul, in Civil Appeal No. 248 of 1992 decided on 25.11.1992. The suit of the plaintiff for permanent injunction restraining the defendant from interfering into peaceful possession of the suit property, was decreed. C.R. No. 1601 of 2008 -2- It is not disputed during the course of arguments that judgment dated 25.11.1992 has become final. The learned trial Court has dismissed the application on technical grounds that judgment and decree dated 25.11.1992, has not been brought on the record and these documents are only marked as Mark A-1 and Mark A-2. Further observation made by the trial Court is that the exact area has not been mentioned. It is settled law that no party can be non-suited on the ground of technicalities. Counsel for the petitioner has submitted that judgment and decree sheet are on the file but that fact has been disputed by the counsel for the respondent. However, the fact remains that trial Court should not have non-suited the petitioner on technical ground of non- production of judgment and decree sheet. From the perusal of the decree sheet, it is revealed that it is in respect of specific khewat number. So, in these circumstances, the impugned order, does not sustain the test of legal scrutiny and the same stands set aside and the case is remanded back to the trial Court to decide the case afresh, after allowing the parties to lead evidence. Parties are directed to appear before the trial Court on 10.5.2010. The petition stands disposed of. ( K.C. Puri ) 22.4.2010 Judge chugh C.R. No. 1601 of 2008 -3-