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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Gurcharan Singh Chadha – Appellant
Versus
Thakurji Thakurdwara, Sunami Gate Patiala – Respondent
JUDGMENT :
Vikas Bahl, J.
CM-2578-CII-2025
1. This is an application filed under Order 9 Rule 9 CPC for restoration of the main revision petition.
2. Learned counsel for the applicant-petitioner has submitted that he could not file an adjournment slip on account of the circumstances beyond his control and has submitted that the matter be decided on merits.
3. In view of the request made by learned counsel for the petitioner, the present application is allowed and order dated 27.01.2025 is recalled and the main case is restored to its original number and is taken up on Board today itself for final disposal.
Main case
1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 19.09.2024 (Annexure P5) whereby an application filed under Order 6 Rule 17 CPC for amendment of the written reply has been rejected.
2. Learned counsel for the petitioner has submitted that as per the partition deed dated 29.06.2014 (Annexure P-2), the respondent herein is not entitled to receive the rent and it is Sumanjit Sharma, Murari Lal and Ramesh Kumar who are entitled to receive the rent and it is to incorporate the said plea that the application for am
Amendments post-trial commencement are impermissible unless due diligence is shown, reinforcing procedural discipline in judicial proceedings.
Once an issue has been adjudicated in court, it cannot be re-litigated in later proceedings, maintaining the authority of previous judgments on the same matter.
The court's decision emphasized that hearing the application for framing additional issues and the main appeal on the same date would not prejudice the petitioner.
The court upheld the maintainability of a revision petition under Article 227 despite objections, affirming the provisional assessment of rent and rejecting the applicability of the doctrine of suspe....
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