JUDGEMENT
L.N.MITTAL -
(1.) CM No. 10900-CII of 2012 The application is allowed and correct typed copy of order Annexure P-1 is taken on record subject to all just exceptions.
(2.) CIVIL Revision No. 2422 of 2012 On oral prayer made by learned counsel for the petitioner, the date of impugned order Annexure P-5 is corrected as 23.11.2011 instead of 25.01.2012 in the revision petition. Defendant No.1 has filed this revision petition under Article 227 of the Constitution of India assailing order dated 23.11.2011 (Annexure P-5) passed by the learned Addl. CIVIL Judge (Senior Division), Bahadurgarh thereby striking off the defence of defendants (petitioner and respondents No. 2 to 5) allegedly due to non-filing of written statement.
I have heard learned counsel for the petitioner and perused the case file.
(3.) COUNSEL for the petitioner pointed out that defendants including the petitioner had already filed written statement as far back as on 24.01.2007 as mentioned in order Annexure P-1 passed by the trial Court and therefore, there was no occasion for striking off the defence of the defendants due to non-filing of written statement.;
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