ROHIT JASWAL Vs. KANGRA CENTRAL CO-OPERATIVE BANK LIMITED AMB
HIGH COURT OF HIMACHAL PRADESH
Kangra Central Co-Operative Bank Limited Amb
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(1.)By way of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 26.2.2019, passed by the Court of learned Sr. Civil Judge, Court No. 1, Amb, District Una, H.P. in Civil Suit No. 76-1-2018, vide which order, the defence of the present petitioner was struck off by the learned Court below on the ground that no written statement was filed by the present petitioner within the statutory period.
(2.)The order vide which the defence of the petitioner had been struck off is dated 26.2.2019. This petition under Article 227 of the Constitution of India has been filed by the petitioner on 14.8.2020. There is no cogent explanation given in the petition as to what took the petitioner almost one year and six months to assail the order passed by the learned Court below, vide which, his defence was struck off. Otherwise also, it is not the case of the petitioner that the order passed by the learned Court below vide which his defence was struck off is bad being contrary to record as the statutory period for filing the written statement had not yet expired when the same was passed. Therefore, as this Court does not find any infirmity with the order which stands assailed by the petitioner and further as this petition is hit by delay and laches, the same is dismissed. With these observations, the petition is disposed of, so also the pending application(s), if any.
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