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2022 Supreme(P&H) 952

ALKA SARIN
Smt. Rajnee Rani – Appellant
Versus
Shyama – Respondent


Advocates:
Mr. P.C. Chaudhary, Advocate, for the Appellant; Mr. Lalit Garg, Advocate, for the Respondent.

JUDGMENT

Alka Sarin, J. (Oral) - This is a revision petition under Article 227 of the Constitution of India impugning the orders dated 19.12.2018 and 12.02.2019 passed by the Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri whereby the two replications filed by the petitioners, though having permitted to be filed, but it has been stated in the impugned order dated 12.02.2019 that the same would not be part of the pleadings.

2. Mr. Lalit Garg, Advocate has entered appearance on behalf of respondent No.3 and filed his memorandum of appearance. Same is taken on record.

3. Learned counsel for the petitioners has contended that once replication is permitted to be filed it is to be treated as part of the pleadings as defined under Order 6 Rule 1 CPC. In support of his arguments, learned counsel for the petitioners has relied upon the following judgments :

    1. K. Laxmanan Vs. Thekkayil Padmini & Ors. [2009(1) RCR (Civil) 389]

    2. Rajesh Devan Vs. Soma Wati Aggarwal [2008(1) RCR (Civil) 411]

    3. Hakam Singh Vs. Jagir Singh & Ors. [1991(2) RRR 170]

    4. Ghanshyam Vs. Vikram & Ors. [2006(4) RCR (Civil) 334]

    5. Surinder Kumar Singal Vs. Raj Kumar Singal & Anr. [2021(3) RCR (Civil) 145]

    6. Seema

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