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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS (OS) No.280/2011

DEV CHANDER SOOD & ORS.

.... Plaintiffs

Through

Mr.Naresh Thanai, Adv.

versus

H.L. SUD & ORS.

..... Defendants

Through

Mr.Shariq, Adv. for Mr. N. Raja

Singh, Advocate

CORAM:

HON'BLE MR.JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J. (Oral)

1. The plaintiffs have filed a suit for partition against the five

defendants. The parties are related to each other. None of the

defendants filed the written statement. The defendants’ right to file

the written statement was closed by order dated 30^th January, 2013.

2. An application for recalling of the said order was filed which

was withdrawn. Subsequently, the plaintiff has filed affidavit by way of

evidence and examined himself.

3. On 28^th February, 2014, the court has passed the following

order:

“1.

The matter has been directed to be listed before the

court by the learned Joint Registrar.

2014:DHC:3385

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2.

A perusal of the order dated 25.2.2014 and the

statement of PW-1, Dev Chand Sood, recorded on the said

date shows that though Dev Chand Sood has been

examined as PW-1; however, the witne