CR No.667 of 2013 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH.

Civil Revision No.667 of 2013 (O&M)

Date of decision: 19.2.2013

Satinder Singh Virdi

...Petitioner

Versus

Vikas Thakur

...Respondent

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present: Mr. Ashish Aggarwal, Advocate for the petitioner.

Rajan Gupta, J.

Present revision petition is directed against the order dated

18.11.2012 passed by the court below rejecting application filed by the

plaintiff for decreeing the suit in view of admission made by the

defendant.

Learned counsel for the petitioner submits that defendant

stated before the court that he had no objection in case suit of the plaintiff

was decreed. Trial court, thus, gravely erred in rejecting the application.

I have heard learned counsel for the petitioner and given

careful thought to the facts of the case.

Plaintiff filed a suit for permanent injunction to restrain

defendant and his agents from alienating or transferring 1/3^rd share out of

suit property to any one else except plaintiff. Written statement was filed

by the defendant admitting the claim of the plaintiff. An application was,

thus, moved by the plaintiff for decreeing the suit in view of admission of

the defendant. Prayer has been rejected by the court below observing that

CR No.667 of 2013 2

sale deed in respect of property had not been executed in favour of the

defendant, therefore, title of the property has not been passed in the name

of defendant yet. Thus, he has no locus standi to contend that suit be

decreed. I find no infirmity with the order passed. Needless to observe

plaintiff has to lead evidence to prove his case. In the facts and

circumstances, trial court has rightly rejected the prayer to decree the suit

only on the basis that defendant has admitted the claim of the plaintiff.

Revision petition is without any merit and is hereby dismissed.

(RAJAN GUPTA)

JUDGE

19.2.2013

'rajpal'