Punjab-Haryana High Court
Barjinder Singh vs Labh Singh And Ors on 6 July, 2023
Neutral Citation No:=2023:PHHC:085098
Neutral Citation Number 2023:PHHC:085098
Page No. -:1:-
Case Number CR-932-2020
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-932-2020
Date of Decision:-06.07.2023
BARJINDER SINGH
... Petitioner
Versus
LABH SINGH AND ORS
... Respondents
-.-
CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
-.-
Present:- Mr. Naveen Batra, Advocate
for the petitioner.
-.-
KARAMJIT SINGH, J. (Oral)
1. The present petition has been filed by the petitioner/defendant-
Barjinder Singh against the order dated 24.1.2020 (Annexure P-6),
whereby an application filed by the petitioner under Section 151
C.P.C. to place on record the certified copy of judgment/order dated
4.9.2019 has been dismissed by the Court of Civil Judge (Junior
Division), Anandpur Sahib.
2. Notice of motion was issued vide order dated 10.2.2020 and in
response to same, no one had put in appearance on behalf of contesting
respondent No.1, despite due service.
3. I have heard the counsel for the petitioner.
1 of 3
Neutral Citation No:=2023:PHHC:085098
Neutral Citation Number 2023:PHHC:085098
Case Number CR-932-2020
4. The counsel for the petitioner submits that respondent No.1 Labh
Singh has filed civil suit against the petitioner and proforma
respondents with regard to joint ownership and possession of the suit
property situated in village Ganguwal Tehsil Anandpur Sahib District
Ropar. The counsel for the petitioner submits that during the pendency
of the said civil suit respondent No.1-Labh Singh filed an application
under Order 39 Rule 2-A CPC, but the same was dismissed vide order
dated 4.9.2019 (Annexure P-3) by the Court of Additional Civil Judge
(Senior Division) Anandpur Sahib. That the said order is relevant for
the disposal of the aforesaid civil suit but the application filed by the
petitioner for placing on record the said order is dismissed by the
learned trial Court vide impugned order dated 24.1.2020. The counsel
for the petitioner further submits that being aggrieved the petitioner
has filed the present revision petition.
5. I have considered the submissions made by the counsel for the
petitioner.
6. There is no doubt that parties have already led their evidence and as
per counsel for the petitioner, now the suit is fixed for final arguments.
It is apparent that during the pendency of the suit, respondent No.1
Labh Singh filed application under Order 39 Rule 2-A CPC wherein he
alleged that the present petitioner has disobeyed the order dated
18.11.2013 whereby the parties were directed to maintain status quo
during the pendency of the suit. The said application was contested by
the petitioner and finally decided by the Court of Additional Civil
Judge (Senior Division), Sri Anandpur Sahib vide order dated 4.9.2019
2 of 3
Neutral Citation No:=2023:PHHC:085098
Neutral Citation Number 2023:PHHC:085098
Case Number CR-932-2020
(Annexure P-3). This Court is of the view that the said order is
relevant for the purpose of proper adjudication of the civil suit and
even otherwise it being judicial order, the learned trial Court could
take its judicial notice as the parties in both the proceedings are same.
7. In the light of the above, without entering into merits of the case, the
present petition is hereby allowed in the interest of justice and the
petitioner is allowed to produce certified copy of aforesaid order dated
4.9.2019 (Annexure P-3) by way of additional evidence and if the
operation of said order has been stayed or the order stands set aside,
respondent No.1 is at liberty to produce the certified copy of any such
order in rebuttal to aforesaid additional evidence.
8. The petition stands disposed of in the aforesaid terms.
( KARAMJIT SINGH)
06.07.2023 JUDGE
Gaurav Sorot
Whether reasoned / speaking? Yes / No
Whether reportable? Yes / No
Neutral Citation No:=2023:PHHC:085098
3 of 3
