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2023 Supreme(P&H) 1802

NAMIT KUMAR
State of Haryana – Appellant
Versus
Krishan Lal – Respondent


Advocates appeared:
For the Parties : Mr. Rajbir Singh DAG, Haryana, Mr. B.S. Mittal

Judgment

Mr. Namit Kumar, J.

The challenge in the instant revision petition is to the order dated 10.01.2020 (Annexure P-2) passed by learned Civil Judge (Senior Division), Sirsa in CS No.742 of 2019 titled as ‘ Krishan Lal and others Vs. State of Haryana and others ’ whereby the defence of the defendants/petitioners has been struck off due to non-filing of the written statement and order dated 25.02.2022 (Annexure P-1) whereby the application filed by the petitioners/defendants for recalling the order dated 10.01.2020 has also been dismissed.

2. Learned State counsel submits that the defendants appeared for the first time on 26.09.2019 and the matter was adjourned for 03.12.2019 for filing of written statement. On 03.12.2019 another opportunity was granted for filing the written statement but the same was stated to be the last opportunity and the case was adjourned for 10.01.2020 and on 10.01.2020, the impugned order was passed and the defence of the petitioner was struck off. He submits that non-filing of the written statement within the stipulated period is neither intentional nor deliberate. The petitioners/defendants have also filed application for recalling the order dated 10.0

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