Ved Parkash v. Abhay(Minor) And ORS

C. R No. 6223 of 2019 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C. R No. 6223 of 2019 (O&M) Date of decision : 30.09.2019 Ved Parkash ....Petitioner versus Abhay and ors.

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Sandeep Punchhi, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Challenge in this petition is to order dated 29.07.2019 (P-6) whereby defence of the petitioner has been struck off. Brief facts of the case are that plaintiff/respondent No. 1 filed a suit for declaration against respondent Nos. 2 and 3 seeking a relief of declaration that he is owner and in possession of the land Learned counsel for the petitioner has referred to order dated 30.05.2019 whereby power of attorney filed on behalf of the petitioner and the respondents sought time to file reply and the case was adjourned to 29.07.2019. However, on 29.07.2019, the defence of the petitioner was struck off on the ground that they have availed multiple opportunities after putting appearances.

A bare perusal of order dated 30.05.2019 shows that 29.07.2019 was the first and only date given to the petitioner to file reply to the application.

In view of the above factual position, the present revision GAURAV ARORA 2019.10.04 15:57 I attest to the accuracy and integrity of this document Chandigarh

C. R No. 6223 of 2019 (O&M) petition stands allowed and order dated dated 29.07.2019 (P-6) is set aside. The petitioner is granted one effective opportunity to file written statement on or before 04.11.2019.

30.09.2019 (RITU BAHRI) G.Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2019.10.04 15:57 I attest to the accuracy and integrity of this document Chandigarh