Charan Kaur v. Pritpal Kaur And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH C.R. No. 7831 of 2015 Date of decision:- 26.11.2015 Charan Kaur

...Petitioner

Versus

Pritpal Kaur & others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Prateek Pandit, Advocate, for the petitioner.

RITU BAHRI J.(Oral) Petitioner has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 23.09.2015 passed by the learned Civil Judge (Jr. Divn.), Kapurthala whereby the defence of the petitioners has been struck off.

At the very outset, learned counsel for the petitioner has referred to Zimni orders dated 02.07.2015, 13.07.2015, 28.07.2015, 7.08.2015 and 28.08.2015 to contend that the necessary documents sought by the petitioners were given to him on 28.08.2015 and thereafter, he filed his written statement. So, this delay cannot be attributed to the petitioner. In view of the above, order dated 23.09.2015 passed by the learned Civil Judge (Jr. Divn.), Kapurthala 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 to file her written statement and thereafter, the trial Court shall proceed with the trial. November 26, 2015 ( RITU BAHRI ) G Arora JUDGE GAURAV ARORA 2015.11.30 15:42 I attest to the accuracy and integrity of this document