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2013 Supreme(MP) 208

Sujoy Paul
Ramesh Kumar – Appellant
Versus
Sudha Gupta – Respondent


Advocates:
P.C. Chandil for petitioner;
Anand V. Bhardwaj for respondents.

ORDER

1. The order dated 15.2.2013 (Annexure P-1) and the order dated 22.12.2012 (Annexure P-2) passed by Second Additional District Judge, Gwalior (M.P.) in Civil Suit No.11-A/2010, are called in question in this petition filed under Article 227 of the Constitution.

2. The plaintiffs-respondents filed a suit for eviction and recovery of rent. The Court below by order dated 18.8.2011 struck off the defence of the petitioner under section 13(6) of M.P. Accommodation Control Act, 1961 (hereinafter referred to as “the Act”). Thereafter, the respondents-plaintiffs filed an application under Order 7 rule 14(3) CPC to take certain documents on record. The application of the plaintiffs-respondents was allowed by the trial Court on 14.8.2012 (Annexure P-7). Thereafter, the petitioner-defendant preferred an application under Order 8 rule 1(3) read with section 151 CPC along with list of documents before the Court below. The Court below dismissed the said application (Annexure P-7) by order dated 22.2.2012 (Annexure P-3). It was held by the Court below that once the defence of the petitioner was struck off by order dated 18.8.2011, it is no more open for the petitioner to file documents in def


































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