NARINDER GUPTA Vs. NISHU BALA AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside impugned order dated 14.12.2016 passed by Additional Civil Judge (Senior Division), Sangrur whereby the application filed by petitioner-defendant No. 3 for treating issue No.3 relating to limitation and issue No. 4 relating to the plaintiff for not coming to the Court with clean hands has been dismissed.

(2.) Briefly the facts of the case are that respondent No.1/plaintiff filed a suit for mandatory injunction directing petitioner/defendant No.3 and proforma respondents No. 2 and 3 to declare the result of respondent No.1- plaintiff of CMLT (IInd Semester), to issue certificate of DMLT (IInd Semester) and also to hand over the detailed marks sheet to respondent No.1 as well as for recovery of Rs. 5 lacs on account of damages caused by petitioner-defendant No. 3 and proforma respondents-defendants No. 1 and 2 for spoiling her career and causing of physical and mental harassment.

(3.) After issuing notice in the suit, written statement was filed by petitioner-defendant No. During pendency of the suit, the petitioner filed an application under Order 14, Rule 2 Code of Civil Procedure for treating issue No. 3 relating to limitation and issue no. 4 relating to respondent No.1-plaintiff for not coming to the court with clean hands as preliminary issues and to decide these issues first.