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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

117

CR-602-2023

Date of decision: 31.01.2023

Arun Mehta

...Petitioner(s)

Vs.

Amit Mehta & Others

...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Ms. Gehna Vaishnavi, Legal Aid Counsel for the petitioner.

***

NIDHI GUPTA, J.

Present Civil Revision has been filed seeking directions to

learned Civil Judge (Senior Division), SAS Nagar, Mohali to expedite

proceedings in Civil Suit No.1110 of 2022 titled as “Arun Mehta Vs. Amit

Mehta & Others”.

It is submitted by learned counsel for the petitioner that

petitioner/plaintiff is undergoing psychiatric treatment at National Institute

of Mental Health and Neuro Sciences, Bangalore, and also at AIIMS, New

Delhi, and has been advised for surgery of brain by Gamma knife and deep

brain stimulation treatment.

It is submitted that in this view of the matter, as the petitioner

apparently does not have very long to live, it is prayed that learned trial

Court be directed to dispose of aforementioned pending Civil Suit

expeditiously.

Heard.

SUNENA

2023.02.03 15:02

I attest to the accuracy and

integrity of this document

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A perusal of record of the case shows that Civil Suit No.1110 of

2022 was registered on 02.11.2022. As per report of Reader, it was found

that Court fee is deficient. Accordingly, the matter stood adjourned to

14.11.2022 to enable petitioner/plaintiff to make good the deficiency. On

14.11.2022 itself, dasti process was also given to the petitioner/plaintiff.

Thereafter, vide subsequent orders it is recorded that notice issued to

defendants was not received back. Accordingly, vide order dated

18.01.2023, fresh notice was issued to the defendants and dasti service was

again permitted.

Though, this Court has complete sympathy with the petitioner,

however, it is evident that the Civil Suit in question was filed only on

02.11.2022 and perusal of zimni orders shows that no delay whatsoever has

been occasioned on part of the learned Court below. Needless to say, due

process has to be followed. Accordingly, there is no reason to doubt that

the learned Court below is well-apprised of the matter and will proceed

mindful of the situation.

In this view of the matter, I find no ground is made out to issue

such direction to the learned Court below.

Dismissed.

31.01.2023

(Nidhi Gupta)

Sunena

Judge

Whether speaking/reasoned: Yes/No

Whether reportable:

Yes/No

SUNENA

2023.02.03 15:02

I attest to the accuracy and

integrity of this document