IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 4699 of 2009 Date of Decision: 04.10.2010 Urmila Devi .... Petitioner Versus Brij Lal and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. R.N. Lohan, Advocate for the petitioner Mr. Amit Jain, Advocate for the respondents ALOK SINGH, J. (ORAL) Present petition is filed challenging order dated 3.8.2009 passed by Addl. Civil Judge (Sr. Divn.), Hisar whereby an application moved by defendant (Petitioner herein) under Order 9 Rule 7 CPC was rejected. Hon'ble Apex Court in the matter of Arjun Singh vs. Mohindra Kumar and others, reported in AIR 1964 Surpeme Court 993 has held that application under Order 9 Rule 7 can be moved at any stage before hearing of the trial is concluded. Their lordship of the Supreme Court has also held that hearing of the suit shall be concluded when arguments in the suit are heard and judgment reserved. Their lordship of the Supreme Court in the matter of Arjun Singh's case (supra) has also held that on good cause being shown in the application under Order 9 Rule 7 CPC same should be allowed. Considering all the peculiar facts and circumstances of the case, in the opinion of this Court, application moved by the C.R. No. 4699 of 2009 2 petitioner under Order 9 Rule 7 CPC ought to have been allowed which has wrongly been dismissed. Petition is allowed. Impugned order is set aside. Application moved by the petitioner under Order 9 Rule 7 CPC stands allowed. Both the parties shall appear before the trial Court on 25.10.2010. Thereafter, trial Court shall proceed with the case in accordance law. Petitioner shall pay Rs. 5000/- as cost to the plaintiff. (ALOK SINGH) 04.10.2010 JUDGE reena