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1996 Supreme(P&H) 924

G.S.SINGHVI, T.H.B.CHALAPATHI
Suresh Kumar – Appellant
Versus
Daryai And Ors. – Respondent


Judgment

G.S.Singhvi, J.

1. This revision petition has been placed before the Division Bench in order to decide the question whether it is imperative for the Court in all cases to give a fresh notice to the defendant where the Advocate appearing for the defendant withdraws from the case or pleads no instructions.

2. Brief facts :-

Respondent-Smt. Daryai widow of Devi Sahai filed an application under the Workmens Compensation Act, 1923 claiming Rs. Two lacs as compensation along with penalty and interest on account of death of her husband during the course of employment under petitioner-Suresh Kumar. She was represented by Shri D.C. Gupta, Advocate of Gurgaon. After considering the contents of the application, the Workmens Compensation Commissioner, Gurgaon issued notice to the opposite parties. Respondent-Kartar Singh filed a written statement and denied the existence of relationship of employer and employee between him and the deceased. Kartar Singh also stated that he was not the owner of van No. DNH-9990 which had met with accident on 13.5.1990 resulting in the death of Mohan Pal. The Oriental Insurance Company also filed written statement and denied its liability. Petitioner-Sur




























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