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2007 Supreme(P&H) 1473

VINOD K.SHARMA
Vinod Shakti Gupta – Appellant
Versus
Punjab Scooters Ltd. – Respondent


Advocates:
For the Appellant:Mr. Arun Palli, Sr. Advocate, with Mr. Jai Bhagwan, Advocate.
For Respondent No.1:Mr. P.K.Mutneja, Sr. Advocate.

JUDGMENT

Vinod K.Sharma, J. (Oral):- This revision has been filed against the order passed by the learned Civil Judge (Junior Division), Nabha vide which application moved by the petitioner under section 151 of the Code of Civil Procedure (for short the Code) has been ordered to be dismissed.

2. Plaintiff-respondent has filed a suit for recovery against the petitioner as guarantor and her son as principal debtor for recovery of an agreed amount for the breach of terms of the contract entered into between the parties i.e. employer and the employee.

3. In the said suit the plaintiff moved an application under Order 10 Rule 1 and Order 12 Rule 2 of the Code for admission and denial of the documents. Reply to the said application was filed by the petitioner on 9.6.1999 and in para No.2 of the preliminary objections the petitioner averred as under under:-

“2. That it is the matter of record that defendant No.1 was proceeded against ex parte and the case is being only contested by defendant No.2. The defendant No.2 has already in her written statement clearly narrated the details how and in which manner the documents were prepared. The defendant No.2 put her signatures on the documents as










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