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2023 Supreme(Raj) 632

NUPUR BHATI
Surendra Kumar S/o Sh. Kamal Nayan – Appellant
Versus
Sant Lal S/o Sh. Tulsi Ram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. B.S. Sandhu, Mr. Dishant Kiroriwal
For the Respondent: Mr. V.K. Agarwal, Mr. Dalpat Singh Solanki

JUDGMENT :

1. The present writ petition has been filed by the petitioner-defendant under Articles 226 and 227 of the Constitution of India with the following prayers:-

    “i. The impugned order dated 19-08-2019 (Annex.8), passed by the court of Senior Civil Judge, Sangriya District Hanumangarh in Civil Case No.12/1996 (Sant Lal & Ors. V/s Ashok Kumar and Anr.) may kindly be declared illegal and quashed and be set aside, and the petitioners rights to defend the case may kindly be restored.

ii. That the application filed by the petitioner under Order 11 Rule 1 of CPC (Annexure-5) may kindly be allowed as prayed for.

iii. Any other order or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioner.

iv. Cost of the writ petition may kindly be awarded to the petitioner.”

2. The facts apropos are that one Shri Sant Lal filed a suit for eviction of the petitioner-defendant and respondent No.2 to which written statement was submitted by the petitioner-defendant along with respondent No.2. During the pendency of the suit, Shri Sant Lal expired and his legal representatives (respondents Nos.1/1 to 1/9) stepped into the shoes of Shri Sant Lal and continu

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