CR No.3391 of 2014

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR No.3391 of 2014

Date of Decision: 14.05.2014

M/s Durga Transport and others

..... Petitioners

Versus

Inderpal Singh and others

..... Respondents

CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA

Present:

Mr. Saurabh Bajaj, Advocate,

for the petitioners.

1. To be referred to the Reporters or not? Yes.

2. Whether the judgment should be reported in the Digest? Yes.

RAJIV NARAIN RAINA, J.

The petitioners, who are tenants in the suit property, have

approached this Court feeling aggrieved by the order dated April 4, 2014

passed by the Civil Judge (Junior Division), Karnal dismissing the

application under Order 1 Rule 10 read with Section 88 of the Code of Civil

Procedure, 1908 (CPC). The ground of challenge is that the learned trial

Judge has misinterpreted the bar of Order 35 Rule 5 CPC.

Before I go to the impugned order, a few facts may be noticed.

The petitioners are tenants in the shop constructed in a building standing in

Sector 3, GT Road Karnal. These shops were owned by late S. Mohar Singh

who inducted the petitioners as tenants. After the death of Mohar