LUDHIANA IMPROVEMENT TRUST Vs. ZORA SINGH

JUDGEMENT

(1.) Present petition is filed challenging the order dated 10.02.2010 passed by learned District Judge, Ludhiana, whereby evidence of the applicant-Appellant-Petitioner herein on an application under Section 5 of the Limitation Act was closed and ultimately application under Section 5 of the Limitation Act was dismissed and consequently appeal was also dismissed.

(2.) Learned Counsel for the Appellant-Petitioner states that since Respondent was ex-parte before the Appellate Court vide order dated 02.12.2009, hence, contents of the application under Section 5 of the Limitation Act should have been presumed to be correct being uncontroverted, however, it was not done and applicant-Appellant-Petitioner was directed to produce evidence. Learned Counsel further states that on the date either fixed by this Court or by the learned District Judge, the applicant-Appellant-Petitioner herein shall produce all the evidence in support of the application under Section 5 of the Limitation Act.

(3.) Learned Single Judge of this Court in the matter of Prem Lata v. Ram Sarup reported in,2005 4 RCR 423 placing reliance on judgment of the Division Bench of this Court in the matter of Batala Machine Tools Workshop Coop. v. Presiding Officer, Labour Court, Gurdaspur has held that matter can be disposed of at the stage of admission without any notice to the opposite party, because if the Respondent is summoned to contest this litigation, it may involve huge expenditure and unnecessary harassment and delay of the proceedings.