BALWINDER KAUR Vs. RANDHHIR SINGH AND OTHERS

JUDGEMENT

(1.) Present revision petition, at the hands of plaintiff, filed under Article 227 of the Contitution of India, is directed against the order dated 28.4.2017 passed by the learned trial court, whereby application moved by the defendant-respondent herein under Order 9, Rule 13 read with section 151 of the Code of Civil Procedure ('CPC" for short) was allowed.

(2.) Heard learned counsel for the petitioner.

(3.) A bare perusal of the impugned order passed by the learned trial court would make it crystal clear that it was passed after framing appropriate issues and considering documentary as well as oral evidence produced on record by both the parties. Further, learned trial court was conscious of the fact that since the application under Order 9, Rule 13 CPC was filed at a belated stage by the defendant, plaintiff-petitioner was rightly compensated by payment of reasonable costs. Learned trial court also found that defendant-Randhir Singh was not properly served in the suit filed by the petitioner-plaintiff. The impugned order is a detailed and reasoned one. Having said that, this Court feels no hesitation to conclude that the learned court below was well within its jurisdiction to pass the impugned order and the same deserves to be upheld.