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ASHWANI KUMAR MISHRA
Radha Devi – Appellant
Versus
Santosh Kumari – Respondent


Counsel for the Parties:
For the Petitioner:Mr.J.B.Singh & Mr.C.B.Gupta, Advocates
For the Respondent:Mr.Vikas Singh, Advocate

JUDGMENT

Ashwani Kumar Mishra, J.—Present writ petition is directed against orders dated 14.7.2014 and 20.12.2014, passed by the courts below, whereby petitioner’s prayer to belatedly accept written statement, in reply to the counter claim, has been rejected, as being grossly barred by limitation.

2. Facts in brief are that plaintiff petitioner filed Original Suit No. 169 of 2005 with the allegation that she has purchased the suit property by way of registered sale deed, which consists of a house, on 29.10.2003 from its earlier owner Rishal son of Sri Natthu, and as such, is the owner in possession of the suit property. Allegation in the plaint was that defendant is trying to forcibly enter into possession, and therefore, injunction was sought in the suit, restraining the defendant from forcibly taking possession of the suit property, and to further restrain her from interfering with petitioner’s possession. Suit was contested by defendant, who filed a written statement denying plaint allegation. Along with the written statement, a counter claim was also filed with the allegation that the registered sale deed dated 29.10.2003, which was basis of plaintiff’s claim, is a void document,

























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