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2018 Supreme(P&H) 1713

B.S.WALIA
Karnail Singh – Appellant
Versus
Kulwinder Kaur – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Anil Kumar Garg, Advocate

JUDGMENT :

B.S. Walia, J.

1. Challenge in this revision petition under Article 227 of the Constitution of India is to order dated 28.05.2018 (Annexure P-2) passed by the learned Civil Judge (Junior Division), Payal striking off the defence of the petitioner/defendant by denying him the right to file written statement. Prayer is for setting aside the impugned order and for being allowed to file written statement.

2. Civil suit was filed on 18.05.2015 by the respondent/plaintiff against her 80 years old father, who is petitioner herein seeking permanent injunction restraining him or his agents, servants, associates or attorneys from alienating or causing to alienate and creating any sort of charge and mortgaging and from changing the existing position/nature of land measuring 11 kanals, 8 marlas comprised in Khata No.206/239, Rect. No.26, Killa No.12 (7-2), 13/1 (1-12), 19/2 (6-8), 20/1 (4-0), 21 (8-0), 22/1 (3-4), Rect. No.33, Killa No. 1 (8-0), 10 (7-16), 11/1 (4-15) as per Jamabandi for the year 2009-10 situated within the revenue estate of Village Raul, Tehsil Payal, District Ludhiana on the basis of oral and documentary evidence. Subsequently, an application was moved for amendment






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