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2023 Supreme(P&H) 278

SANJAY VASHISTH
Raj Kumar – Appellant
Versus
Kapil Dev – Respondent


Advocates Appeared:
For the Petitioners: Mr. Subhash Kumar.
For the Respondent: Mr. Varun Goyal.

JUDGMENT :

Sanjay Vashisth, J.

1. Present revision petition has been preferred by the petitioners (defendant Nos.3 and 4) – Raj Kumar son of Jang Bahadur and Saneha wife of Raj Kumar, challenging the impugned order dated 19.12.2022, passed by learned Civil Judge (Jr. Divn.), Jalandhar, whereby, rights of the petitioners/defendant Nos.3 and 4 has been ordered to be struck off, on account of non-filing of the written statement within the prescribed time.

2. Mr. Varun Goyal Advocate, puts in appearance on behalf of respondent No.1, and files his power of attorney in Court today, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place in case file.

3. After hearing the petitioners (defendant Nos.3 and 4), at the time of preliminary hearing on 03.07.2023, following order was passed:-

    “1. Present revision petition has been preferred by the petitioners under Article 227 of the Constitution of India, for setting aside the impugned zimni order dated 19.12.2022 (P-6), passed in Civil Suit No. 1953 of 2022, titled as, 'Kapil Dev Vs. Jang Bahadur etc.", pending in the Court of Ld. Civil Judge (Jr. Divn.), Jalandhar, whereby, the Ld. Trial Court has stru

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