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2018 Supreme(P&H) 1007

ANIL KSHETARPAL
Kanshi Ram @ Jagdish – Appellant
Versus
Kamla Rani – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Hemender Goswami, Advocate

JUDGMENT :

ANIL KSHETARPAL, J.

1. The defendants-petitioners are in the revision petition against the order striking off their defence and closing the evidence on the ground that the defendants have failed to pay the cost of adjournment which was imposed on 30.10.2014.

2. On 30.10.2014, the case was adjourned to 28.11.2014 and the cost was imposed for grant of an adjournment as the plaintiffs wanted that the defendants be directed to produce certain documents.

3. It is not in dispute that thereafter the case was fixed for evidence and the plaintiffs as well as the defendants led their evidence. It may be noticed that during the proceedings for almost 3 years, the payment of cost was never insisted upon. However, the learned trial Court, on the basis of the application filed by the plaintiffs in the year 2017 struck off the defence.

4. In this case, on 16.11.2017, notice of motion was issued to the respondents. However, no one has put in appearance on behalf of the respondents. It is undisputed that from the year 2014 onwards, the learned trial Court proceeded with the case and never took any action on account of non-payment of the cost.

5. In the considered opinion of this Court at this





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