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2016 Supreme(P&H) 3019

DARSHAN SINGH
ANGOORI DEVI – Appellant
Versus
JAINENDRA GURUKUL PANCHKULA – Respondent


Advocates:
Advocate Appeared:
For the Appellant :S.S. Toor, Advocate
For the Respondent:Adarsh Jain, Advocate

JUDGMENT :

Darshan Singh, J.

The present revision petition has been preferred against the order dated 27.11.2015 passed by the learned Civil Judge (Junior Division), Panchkula, vide which the order passed by the learned trial Court dated 06.12.2011 striking off the defence of the petitioner-defendant has been upheld.

2. Learned counsel for the petitioner contended that due to the negligence of the counsel for the petitioner in the trial Court, the written statement could not be filed within 90 days. The petitioner is an innocent lady. She engaged Sh.Suresh Rohila, Advocate and the entire facts were disclosed to him. He got her signatures on the papers to file the written statement. But, the written statement was not filed by the counsel within 90 days and the defence of the petitioner was struck off vide impugned order dated 06.12.2011. He contended that the said order was challenged in the revision before this Court. But, the said revision was dismissed as withdrawn with liberty to approach the learned trial Court to recall the order. The application filed by the petitioner to recall the order has also been dismissed by the learned trial Court vide impugned order dated 27.11.2015. He









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