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2022 Supreme(P&H) 2154

HARKESH MANUJA
Rupika Sanjeev Grover – Appellant
Versus
Romesh Chander Mahajan – Respondent


Advocates appeared:
Mr. Kartik Gupta, Advocate, for the Appellant

JUDGMENT

Harkesh Manuja, J. (Oral) - By way of present revision petition, challenge has been made to an order dated 27.07.2022 passed by the Court of Additional Civil Judge (Senior Division), Faridabad, whereby prayer made by the petitioner/ plaintiff (hereinafter referred to as 'the petitioner') for forfeiting the rights of respondents No.1 & 2/ defendants No.1 & 2 (hereinafter referred to as 'respondents No.1 & 2) to file their written statement has been declined.

2. Petitioner filed a suit for partition and permanent injunction against respondents on 15.06.2019. The respondents appeared before the trial Court on 12.07.2019. As no written statement was filed at the instance of respondents for a period of more than 120 days, petitioner moved an application under Order 8 Rule 1 read with Order 8 Rule 10 CPC praying for forfeiting the rights of respondents to file their written statement.

3. Immediately thereafter, respondents No.1 & 2 filed their written statement before the trial court on 10.12.2021. It may be pointed out her that the written statement was filed at the instance of respondents No.1 & 2 under the signatures of their counsel without the same being signed by them and eve

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