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2017 Supreme(P&H) 1965

DAYA CHAUDHARY
Surinder Kaur – Appellant
Versus
Baljit Kaur – Respondent


Advocates:
For the Petitioner:Mr. Ashish Gupta, Advocate

JUDGMENT

Mrs. Daya Chaudhary, J.: (Oral) - This application has been moved for placing on record the zimni orders as Annexure P-2 (colly) and exemption from filing certified copies of the same.

2. C.M is allowed as prayed for.

3. This revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 06.02.2017 (Annexure P-1) passed by Civil Judge (Junior Division), Payal, whereby, the defence of the petitioners has been struck off.

4. Learned counsel for the petitioners submits that the petitioners were given opportunity on 24.08.2016 to file written statement subject to cost of Rs. 2,000/-. The written statement was filed by the petitioners but since the amount of cost was not deposited, the defence of the petitioners was struck off. Learned counsel also submits that the petitioners are ready to pay the cost amount but only one opportunity is required to deposit the same. No prejudice is going to be caused to the other party.

5. Without issuing any notice in the case as not only the delay would be caused, in case, the other party is called before this Court but unnecessary expenses will have to be incurred by them, the present pe



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