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2022 Supreme(P&H) 1081

RAJBIR SEHRAWAT
Municipal Corporation, Zone-c, Ludhiana – Appellant
Versus
Bhupinder Kaur – Respondent


Advocates:
Mr. Harsh Aggarwal, Advocate, for the Appellant

JUDGMENT

Rajbir Sehrawat, J. (Oral) - This is a petition under Article 227 of the Constitution of India for quashing the orders dated 30.10.2018 (Annexure P-2) and 01.11.2019 (Annexure P-5), passed by the Additional Civil Judge, (Senior Division), Ludhiana, in Civil Suit No. 3255 of 2018 titled as 'Bhupinder Kaur v. Municipal Corporation, Ludhiana and others'.

2. It is submitted by counsel for the petitioner that the petitioner/ defendant in the suit is a public body, which needs to defend the suit. In the line of that effort only, the defendants had sought the documents to prepare the written statement. However, the said documents were not supplied in the first instance. When those were supplied, the petitioner had changed its counsel representing it before the trial Court. Therefore, again the documents were sought and the case was adjourned. The petitioner was waiting for supply of the documents, therefore, written statement could not be filed. Hence, it is submitted that the default in filing written statement is not intentional.

3. In view of the orders intended to be passed, it is not considered appropriate to issue notice to the other side, at this stage.

4. Having heard counsel

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