B.S. WALIA, J.

CM No.16606-CII of 2018

For the reasons as are mentioned in the application, the same is allowed, subject to all just exceptions.

CR No.5103 of 2018

1. Learned counsel contends that order Annexure P-1, dated 02.05.2018 striking off defence of the petitioners on account of non-filing of reply as well as payment of costs was on account of counsel representing the petitioners before the learned Additional District Judge, Ludhiana neither informing of requirement to file reply as also to pay costs, therefore, the petitioners are entitled to seek modification/recall of order as well as enlargement of time u/s 151 read with Section 148, Code of Civil Procedure in view of the decision of Hon’ble the Supreme Court in Saleem Advocate Bar Association Tamilnadu vs. Union of India AIR 2005 Supreme Court 3353 as well as decision of this Court in Municipal Committee Kharkhoda vs. Bhim Singh 1987 (1) RCR (Rent) 442.

Learned counsel further states that the petitioner has also taken appropriate action against the counsel.

2. Whatever circumstances led to non filing of reply and failure to pay costs on the date fixed, were not brought to the notice of the learned Additional Distri