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2018 Supreme(HP) 36

DHARAM CHAND CHAUDHARY
Jiwan Singh – Appellant
Versus
Saroj Bala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Dheeraj K. Vashisht, Advocate
For the Respondent:Mr. Y.P. Sood, Advocate

JUDGMENT :

Dharam Chand Chaudhary, J.

Order under challenge in this petition has been passed on 13.12.2016 in an application filed under Order 6 Rule 17 read with Section 151 CPC in case No. 107/09 by learned Junior Civil Judge, Court No. I, Una.

2. What could this Court gather from the perusal of the record and the submissions made on both sides, in a nut shell is that the petitioner-defendant did not engage Shri A.K. Saini, Advocate to defend him in the suit which was filed by the respondent-plaintiff for declaration and also permanent prohibitory injunction against the petitioner-defendant. The written statement to the suit filed through Shri A.K. Saini, Advocate, on the face of it demonstrate that the entire plaintiff’s case as set out in the plaint has been admitted as correct. According to the petitioner-defendant the written statement has not been filed by him. Though he admit his signature thereon, however, it is clarified that the same were obtained on blank papers for the purpose of compromising the dispute. It seems to be so because the signature of the petitioner-defendant are not above the typed word “defendant” but below it. It seems to have done for adjustment of the sp







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