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2017 Supreme(P&H) 2457

DAYA CHAUDHARY
Kashmiri Lal – Appellant
Versus
Kamal Nayan Sharma – Respondent


Advocates Appeared:
For the Appellant :G.S. Jagpal, Advocate

JUDGMENT :

Daya Chaudhary, J.

The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 15.11.2016 (Annexure P-4) passed by the Civil Judge (Junior Division), Ludhiana, whereby, the defence of the petitioners has been struck off.

2. Briefly, the facts of the case as made out in the present revision petition are that the respondent-plaintiff filed a suit for possession under Section 6 of the Specific Relief Act for direction to the petitioners-defendants to restore his possession of shop in dispute and also for permanent injunction restraining them from demolishing, alienating or letting out the shop in dispute. After issuing notice in the civil suit, petitioners-defendants put in appearance but the written statement could not be filed. However, during the pendency of the civil suit, the petitioners-defendants filed an application under Order 7, Rule 11 CPC for rejection of the plaint, which was dismissed without seeking any reply and the trial Court also struck off the defence of the petitioners-defendants vide separate order dated 15.11.2016, which has been challenged by way of filing the present revision petiti
























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