S.K.BIMAL KUMAR Vs. NANAK SINGH

JUDGEMENT

(1.) C .M.No. 8lil -C -II of 2012 : Allowed as prayed for. C.M.No.8112 -C -II of 2012: Application is allowed and Annexures P -l and P -3 to P -7 are taken on record, subject to all just exceptions. Main Case: Defendant no.3 Manpreet Singh has filed this revision petition under Article 227 of the Constitution of India assailing order dated 18.10.2011 (Annexure P -2), passed by learned Additional District Judge, Fatehgarh Sahib and order dated 22.03.2010 (Annexure P -l), passed by learned Civil Judge (Senior Division), Fatehgarh Sahib.

(2.) DEFENDANT no.3 was minor when the suit was filed in the trial court on 10.08.1990. Accordingly, he was sued through his mother Kamal Kaur as gaurdian. At fag end of the trial of the suit, defendant no.3 moved application Annexure P -3 alleging that he had since become major, and therefore, he be allowed to defend the suit as major by discharging his guardian and by allowing him to file written statement and to examine witnesses and also by cross -examination of witnesses of the plaintiff. Learned trial court, vide impugned order dated 22.03.2010 (Annexure P -l), dismissed the aforesaid application observing that the suit itself was being heard and disposed of finally and interest of the minor was sufficiently watched by his guardian and also vide separate judgment of even date, suit of the plaintiff was dismissed by the trial court.

(3.) I have heard learned counsel for the petitioner and perused the case file.