CR 3594/2016 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR 3594/2016 (O&M)

Date of decision: 12.01.2023

Balbir Singh

………..Petitioner

Vs.

Sukhdev Singh and others

………..Respondents

CORAM:

HON’BLE MS. JUSTICE NIDHI GUPTA

Present:-

Mr.GS Nagra, Advocate for the petitioner.

Mr. V.M. Gupta, Advocate for the respondents.

Nidhi Gupta, J.

This revision petition has been filed challenging the impugned

orders dated 6.9.2011 and 10.12.2014 (Annexures P-3 and P-5) respectively

passed by Civil Judge (Jr. Div.) Patiala, whereby the petitioner’s application for

restoration of application under Order 9 Rule 13 CPC, along with application for

condonation of delay have been dismissed.

At the very outset, it is submitted by the learned counsel for the

petitioner that the present revision petition is not maintainable under Order 43

Rule 1(d) CPC wherein it is stipulated as follows:-

“1. Appeal from orders – An appeal shall lie from the following

orders under the provisions of section 104, namely: – (d) an

order under rule 13 of Order IX rejecting an application (in a