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High Court of Punjab and HaryanaCR/4425/2019allowed

Manjit Singh v. Sharad Kapoor

2019-07-18Ms. Justice Ritu Bahri2 pages

C. R No. 4425 of 2019

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C. R No. 4425 of 2019 Date of decision : 18.07.2019 Manjit Singh ....Petitioner versus Sharad Kapoor

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vipul Aggarwal, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Challenge in this petition is to order dated 30.04.2019 passed by learned Civil Judge (Jr. Divn.) Amritsar, vide which the defence of the petitioner-defendant has been ordered to be struck off. Learned counsel has referred to zimini orders shows that after notice, the petitioner himself appeared on 29.01.2019 and thereafter he appeared through his counsel on 07.03.2019 and sought adjournment. The matter was then fixed for 18.04.2019 and on 30.04.2019, the impugned order has been passed.

Learned counsel submits that the petitioner has taken only two dates and no last opportunity was granted to him to file written statement. In view of facts and circumstances of this case, the revision petition is allowed and order dated 30.04.2019 is set aside, trial Court is directed to give one more opportunity to the petitioner to put on record his written statement on 31.07.2019, subject to payment of Rs.3000/-, as costs, to be paid by the petitioner before District Legal Services Authority, Gaurav Arora 2019.07.22 15:50 I attest to the accuracy and integrity of this document Chandigarh

C. R No. 4425 of 2019 Amritsar.

18.07.2019 (RITU BAHRI) G.Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2019.07.22 15:50 I attest to the accuracy and integrity of this document Chandigarh