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2011 Supreme(P&H) 344

RAM CHAND GUPTA
Manpreet Kaur – Appellant
Versus
Surya Kant – Respondent


Advocates:
For the Petitioner:Mr. A.S. Kakkar, Advocate.

JUDGMENT

Mr. Ram Chand Gupta, J.(Oral).- The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 7.1.2011, Annexure P1, passed by learned Additional Civil Judge, Senior Division, Faridkot, vide which defence of petitioner-defendant no.1 was ordered to be struck off.

2. I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned trial Court.

3. Brief facts relevant for the decision of present revision petition are that respondent no.1-plaintiff filed a suit for possession by way of specific performance of agreement to sell dated 14.10.2005. Notice of the suit was ordered to be given to defendants for 9.12.2009. Appearance on behalf of petitioner-defendant no.1 was put up by her counsel before learned trial Court after service on 27.9.2010 and on request date was given to file written statement for 2.12.2010. On 2.12.2010, written statement was not filed. However, the other counsel appeared on that day on behalf of petitioner-defendant no.1 and requested another date for filing written statement and in the interest of justice, another d











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