High Court of Punjab and Haryana, Chandigarh
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Gian Chand v. The Municipal Committee, Indri. - CR-2667-2005  RD-P&H 6899 (11 September 2006)
Civil Revision No.2667 of 2005
Date of Decision: 21.09.2006
Gian Chand ...Petitioner
The Municipal Committee, Indri. ...Respondent
CORAM Hon'ble Mr.Justice Vinod K.Sharma
Present: Mr.S.P.Laler, Advocate,
for the petitioner.
Mr.Jagdish Manchanda, Advocate,
for the respondent.
Vinod K.Sharma, J. (Oral)
Present revision petition has been filed against the order dated 22.4.2005 passed by the learned Addl. District Judge, Karnal vide which the learned lower appellate court has remanded the case for fresh decision as application under Order 39 Rules 1 and 2 was not decided on merit and was disposed of on the consent of the parties which was contested by the respondent herein.
CR 2667 of 2005 (2)
In view of the stand taken by the respondent-defendant before the lower Appellate Court that no such instructions were issue to the counsel to give concession and in the absence of any written consent, the learned lower Appellate Court was right in remanding the case for decision on merit.
There is no error in exercise of jurisdiction which may call for interference by this court in revisional jurisdiction.
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