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(2021) Law Today Live Doc. Id. 16158 = 2021(2) L.A.R. 357
Decided on: 19.01.2021
(Heard through VC)
Present:
Mr. N.S. Dadwal, Advocate for the petitioner.
Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 1 -- Written statement – Non-filing of -- Defence struck off -- Non-framing of issues – Effect of -- Since the issues have not been framed till date, this revision allowed and order set aside with direction to the trial Court to allow the petitioner to file his written statement after giving one more opportunity subject to deposit of Rs.15,000/- as costs.
(Para 1-3)
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RITU BAHRI, J. (ORAL) –
1. Learned counsel for the petitioner contends that vide order dated 01.11.2019, the defence of the present petitioner/defendant No. 1 has been struck off. He has referred to the zimni orders (starting from page no.6 to page no. 10 of the paper-book) to contend that even till date the stay application is pending and issues have also not been framed.
2. A perusal of the zimni orders shows that the matter has been adjourned keeping in view lock down in the State.
3. Since the issues have not been framed till date, this revision is being allowed and order dated 01.11.2019 is being set aside with direction to the trial Court to allow the petitioner to file his written statement after giving one more opportunity subject to deposit of Rs.15,000/- as costs by the petitioner before the State Legal Services Authority, Fatehgarh Sahib.
4. Pending application stands disposed of.
Order accordingly.
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