Punjab-Haryana High Court
Sarabjit Kaur And Others vs The Financial Commissioner Revenue ... on 19 March, 2024
Author: Rajesh Bhardwaj
Bench: Rajesh Bhardwaj
Neutral Citation No:=2024:PHHC:039440
109 2024:PHHC:039440
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CM-11506-CWP-2023
CM-11507-CWP-2023 in/and
RA-CW-252-2023 in
CWP-11800-2022
Date of decision: 19.03.2024
Sarabjit Kaur and others .....Petitioners
versus
The Financial Commissioner Revenue Punjab and others
..... Respondents
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
***
Present :- Mr. Jatinder Singla, Advocate with
Mr. Amjad Khan, Advocate
for the petitioners.
***
RAJESH BHARDWAJ, J. (Oral)
Present review application has been filed for reviewing of
judgment/order dated 27.05.2022 passed by this Court in CWP-11800 of 2022
titled as Sarabjit Kaur and others Vs. Financial Commissioner Revenue,
Punjab and others whereby the writ petition has been dismissed as withdrawn
without noticing the most genuine request raised by counsel for the petitioners
that private respondent No.5-Harvinder Kaur, alleged wife of Hari Singh, had
not admitted the compromise dated 13.02.2013 as correct and learned Court of
Additional Civil Judge (Senior Division), Samana vide his order dated
11.05.2022 allowed CM-67-CWP-2021 filed in Civil Suit No.379 of
27.10.2012 titled as Sarabjit Kaur and others Vs. Harvinder Kaur and others
with liberty to file fresh writ petition with better particulars and by attaching
the abovesaid documents be granted. Along with the main review application
CM-11506-CWP-2023 has been filed for condonation of delay of 380 days in
filing the present review application. Another application i.e. CM-11507-CWP-
2023 has been filed for placing on record documents Annexure A-1 to A-4 i.e.
order of Tribunal Authority-cum-SDM, Samana, order dated 28.02.2017 of
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Neutral Citation No:=2024:PHHC:039440
CM-11506-CWP-2023, CM-11507-CWP-2023 in/and
RA-CW-252-2023 in CWP-11800-2022 2024:PHHC:039440
District Magistrate, Patiala, order of Additional Civil Judge (Senior Division),
Samana dated 11.05.2022 and compromise dated 13.02.2013.
Learned counsel for the applicants has stated that the applicants
could not produce on record the documents sought to be produced now by way
of CM No.11507-CWP-2023 and as such, the facts were not correctly pleaded
before this Court and as such, the order dated 27.05.2022 is liable to be
reviewed and liberty should be given to the applicants-petitioners to file fresh
writ petition with better particulars. With regard to delay occurred in filing the
present review application, learned counsel for the applicants/petitioners has
submitted that the petitioners did not know the technicalities of law and were
not having sufficient funds for pursuing the case further and as such, delay of
380 days has occurred and the same is liable to be condoned.
Heard. Perusal of the order dated 27.05.2022 shows that after
arguing for some time and realizing that the Court was not inclined to agree
with him, learned counsel for the petitioners prayed for withdrawal of the
petition which was allowed. The documents sought to be produced now were
not available on file at the time of passing of the abovesaid order by this Court.
There is no error in the order dated 27.05.2022 apparent on the face of record.
There is no plausible explanation furnished by the applicants for condonation
of huge delay of 380 days. Thus, finding no merits in the review application as
well as abovesaid two applications, the same are hereby dismissed.
19.03.2024 ( RAJESH BHARDWAJ )
m. sharma JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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