Ashwani Bhardwaj v. Harbans Kaur and Anr.
Case brief
What is this about?
In a defendant's revision petition, the High Court set aside an order striking off the petitioner's defence for non-compliance with Order 8 Rule 1 CPC, holding the provision directory as the written statement and replication were already on record, directing the trial court to proceed expeditiously.
What did the court decide?
The impugned order striking off the defence was set aside; the trial court was directed to proceed with the case within one year.
What the court decided
CR No.4785 of 2010
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.4785 of 2010 Date of decision: 7.9.2010
Ashwani Bhardwaj
......Petitioner(s)
Versus
Harbans Kaur and another ......Respondent(s)
CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR GARG
Present: Mr. K.S. Boparai, Advocate for the petitioner.
Mr. Mansur Ali, Advocate for respondents No.1 and 2.
Rakesh Kumar Garg, J.(Oral)
Issues for consideration
2 issues framed by the court
Whether the High Court was justified in upholding the trial court's order striking off the defendant's defence for non-compliance with Order 8 Rule 1 CPC.
Whether the provisions of Order 8 Rule 1 CPC are mandatory or directory in nature.
Parties & counsel
- petitioner
Ashwani Bhardwaj
- respondent
Harbans Kaur
Coram
Rakesh Kumar Garg
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · September
- Registered
- Case no.
- CR/4785/2010
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