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2023 Supreme(All) 262

NEERAJ TIWARI
Amit Sharma – Appellant
Versus
Shikha – Respondent


Advocates Appeared:
For the Revisionist : Babban Prasad Dwivedi, Hriday Narayan Pandey.
For the Opposite Party : Ashish Kumar Singh.

JUDGMENT :

[Neeraj Tiwari, J.]

1. Supplementary affidavit filed today is taken on record.

2. Heard learned counsel for the revisionist and Sri Ashish Kumar Singh, learned counsel for the opposite party.

3. Present Revision has been filed challenging the order dated 20.01.2023 as well as Decree dated 25.01.2023, passed by the Additional District & Session Judge, Ghaziabad in Suit No. 42 of 2016.

4. Learned counsel for the revisionist-defendant submitted that Suit No. 42 of 2016 was filed by the plaintiff-opposite party. He next submitted that plaintiff-opposite party has filed application dated 09.02.2022 under Order XV, Rule 5, C.P.C. to strike off the defence of the revisionist-defendant, which is dully replied by revisionist-defendant by reply dated 18.04.2022. He next submitted that, while passing the impugned order dated 20.01.2023 reply of revisionist-defendant has not been properly considered. In the reply dated 18.04.2022, revisionist-defendant has stated that filing of Suit No. 42 of 2016 was itself defective, as it has been filed before 30 days from the date of notice sent by the counsel for the plaintiff. He also submitted that as the rent agreement was extended for 11 mo

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