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VIKAS SURI
Himachal Pradesh State – Appellant
Versus
Ganesh Kartikey Construction Pvt Ltd. – Respondent
VIKAS SURI, J.
1. This is a civil revision petition under Article 227 of the Constitution of India praying for setting aside the order dated 07.10.2022 (Annexure P-2) whereby defence of defendant-petitioner Nos.1 to 5 was struck off.
2. Learned counsel for the petitioner would submit that the respondent had filed a suit for declaration challenging rejection of his technical bid regarding work namely “Bridge over Swan Khad on Kotla Amroh road along with road SH C/o 2 Nos. bridges” and relief of mandatory injunction directing the petitioners to pay the mesne profits at the rate of 20% against estimate cost of work. On receipt of notice of the said suit, the petitioners put in appearance on 31.07.2019 and the matter was adjourned to 30.08.2019. On the said date, the Additional Public Prosecutor (APP) for the State filed memorandum of appearance on behalf of the defendant-petitioners and sought time to file written statement and reply to the stay application. The case was then posted for 16.09.2019. On the said date, an application under Order 7 Rule 11 CPC seeking rejection of the plaint was filed by the petitioners through the state counsel. Notice of the said application was taken and
The delay in filing the written statement could be condoned subject to payment of costs, as the period provided under Order 8 Rule 1 CPC is procedural and not part of substantive law.
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