Davinder Kaur v. Amrinder Singh

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C. R No. 6032 of 2017 (O&M) Date of decision : 07.09.2017 Davinder Kaur ....Petitioner versus Amrinder Singh

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Abhinav Sood, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Challenge in this petition is to order dated 23.01.2017 passed by learned Civil Judge (Jr. Divn.), Bathinda, vide which, the defence of the petitioner has been struck off and further prayer is for setting aside order dated 01.05.2017 whereby the application filed by the petitioner for setting order dated 23.01.2017 has been dismissed.

A perusal of the zimini order (P-2) shows that the petitioner had submitted an application dated 08.11.2016 to District Legal Service Authority to provide a counsel through legal aid. She was provided the services of an advocate through legal aid on 12.01.2017. This counsel could not appear on 23.01.2017 and on 09.02.2017, when the counsel for the petitioner inspect the Court file, he came to know that the defence of the petitioner has been struck off. In view of the above, order dated 23.01.2017 passed by learned Civil Judge (Jr. Divn.), Bathinda is hereby set aside and the instant revision petition is allowed and the trial Court is directed to give one effective opportunity to the petitioner-defendant to file written statement. 07.09.2017 (RITU BAHRI) G.Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2017.09.29 16:33 I attest to the accuracy and integrity of this document Chandigarh