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2021 Supreme(Jhk) 212

RAJESH SHANKAR
Sunita Devi – Appellant
Versus
Republic Tractor Motor Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ayush Aditya, Advocate
For the Respondent:Mr. Vishal Kumar Tiwari, Md. Mokhtar Khan, Mr. Rajesh Kumar, Advocate

JUDGMENT :

The present case is taken up today through Video conferencing.

2. The present Civil Miscellaneous Petition has been filed for quashing the order dated 20.01.2020 (Annexure-4 to the writ petition) passed by the Civil Judge (Sr. Division)-I, Khunti in Original Suit No. 47 of 2018 whereby the petition dated 18.01.2020 filed by the petitioners (defendant nos. 2 to 16 in Original Suit No. 47 of 2018) for recalling the order dated 09.12.2019 (Annexure-2 to the writ petition), has been rejected. The petitioners have also prayed for quashing order dated 09.12.2019 whereby they were debarred from filing the written statements.

3. The learned counsel for the petitioners submits that the plaintiff/respondent no. 1 filed Original Suit No. 47 of 2018 seeking declaration of its right, title and interest upon the land in question as also for cancellation of sale deed executed by the defendant no. 1 (the respondent no. 2 herein) in favour of the defendant nos. 2 to 16/the petitioners. The defendant no. 1/respondent no. 2 as well as the defendant nos. 2 to 16/the petitioners appeared by filing Vakalatnama on 22.08.2019, however they did not file their written statements till 22.11.2019 i.e.

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