In CR-485-2023-PUNJ HC- P&H HC grants last opportunity to plaintiff to rectify mistakes which occurred in filing of civil suit, imposes cost of Rs 10,000
Justice Harsimran Singh Sethi [23-01-2023]

Read Order: Sahiram Rawat v. ICICI Bank Ltd. and Others

Monika Rahar

Chandigarh, January 31, 2023: While dealing with a revision petition challenging the lower court order dismissing the plaintiff's suit for declaration on the ground that it did not contain the documents required to be attached to the suit due to which the notice could not be issued to the respondents, the High Court of Punjab and Haryana has granted one more opportunity to the petitioner to rectify the mistakes which occurred in the filing of the civil suit while imposing a cost of Rs. 10,000/-. 

The Bench of Justice Harsimran Singh Sethi held, “As only the suit has been filed so far by the petitioner-plaintiff and even notice is yet to be issued to the respondent-Bank, keeping in view the facts and circumstances of the present case, one more opportunity is granted to petitioner to rectify the mistakes which have occurred in filing of the civil suit as pointed out by the trial Court. ”

The present civil revision was filed for setting aside the impugned order by which the petitioner’s suit for declaration was dismissed under Order 9 Rule 5 of CPC.

It was the submission of the petitioner’s counsel that the said order was not being challenged on merits but he prayed for another opportunity to rectify the irregularities which occurred in the filing of the civil suit, even if the same was on the basis of cost to be imposed on the petitioner. 

He further submitted that as no proceedings were initiated in pursuance to the suit filed, there was no prejudice which would be caused to the defendant, hence, one opportunity be granted to rectify the defects pointed out by the court below in the suit so that the notice of the suit could be issued in respect of the prayer made by the petitioner in the said suit.

The respondent’s counsel submitted that one opportunity was already given to the petitioner-plaintiff to rectify the mistakes that occurred in the filing of the civil suit and since the petitioner failed to utilise the said opportunity given by the Trial Court, the petitioner be not granted any further opportunity.

After hearing the parties, the Court observed that the suit filed by the petitioner did not contain the documents required to be attached to the suit due to which the notice could not be issued to the respondents. 

“It is a conceded position that the petitioner was given opportunities to rectify the mistake but he failed to avail the said opportunities and the Court has no option but to pass appropriate order keeping in view the fact that the requirement to be complied with while filing the civil suit, were not adhered to despite opportunities been granted by the court below”, the Bench observed. 

Since only the suit was filed so far by the petitioner-plaintiff and the notice was yet to be issued to the respondent-Bank, thus, the Court granted one more opportunity to the petitioner to rectify the mistakes which occurred in the filing of the civil suit as pointed out by the trial Court.

However, the Court clearly observed that even after the grant of the said opportunity, if the compliance was not made, the trial Court will be within its jurisdiction to pass an appropriate order afresh. This order was made subject to the payment of Rs.10,000/- as a cost.