JUDGMENT

Vivek Singh Thakur, J —Instant petition has been filed by the petitionerdefendant (hereinafter referred to as the defendant) assailing impugned order dated 17.8.2016 passed by learned Civil Judge (Senior Division) , Sirmaur at Nahan allowing an application under Order 12 Rule 3-A read with Section 151 CPC bearing CMA No. 19/6 of 2016 filed in civil suit No. 110/1 of 2012, by the respondent/plaintiff (hereinafter referred to as the plaintiff) whereby learned Civil Judge (Senior Division) , Nahan has ordered deemed admission of the documents on behalf of defendant, referred in application.

2. I have heard learned counsel for parties and have also gone through the record.

3. Controversy in present petition in brief is that after completion of pleadings i.e. filing of replication on 10.7.2013, the trial Court listed the case for presence of parties on 19.8.2013, for admission and denial and compliance of Section 89 CPC. The said order reads as under:-

"Replication filed. Taken on record. Let the file be listed for admission and denial and compliance of Section 89 CPC and presence of parties on 19.8.2013."

4. On 19.8.2013 defendant was not present and following order was passed: