(1.) Challenge in this petition is to the order dated 30.09.2019 (Annexure P-1) passed by the Civil Judge (Junior Division), Chandigarh, whereby application filed by plaintiff-petitioner for placing on record replication, has been dismissed.
(2.) Learned counsel for the petitioner has referred to the zimni order dated 28.05.2019, whereby after filing of the written statement, case was adjourned to 26.07.2019 for fling of replication, if any, and for proposed issues. Thereafter, on 26.07.2019, case was adjourned to 06.09.2019 as the Presiding Officer was on leave. On 06.09.2019 replication was not filed, however, issues were framed by the trial Court. Thereafter, on the next date of hearing i.e. 30.09.2019, plaintiff-petitioner moved an application for placing on record replication. This application has been dismissed on the same day vide impugned order dated 30.09.2019 (Annexure P-1) on the ground that the trial is at the stage of recording of evidence of plaintiff.
(3.) Learned counsel for the petitioner has referred to the judgments passed by this Court in Harbhajan Singh Bajwa vs. Jasdev Singh, 2015 (5) RCR (Civil) 589 and Seema Rani vs. Kuldip Singh and another, 2018 (1) Law Herald 894 on the proposition that even, if, issues are framed, replication can be taken on record. At best, it would be a case of irregularity in the procedure.