Sukhdev Singh Vs Bhagwan Singh and Ors.

The revision is against the order refusing to permit the defendant-petitioner to file a written statement. His contention was that he had never been served with summons and he had never engaged a counsel namely Gurinder Singh to file a memo on his behalf. When such a contention was taken, the Court was bound to allow the petitioner to give evidence of his contention that he had not been served and the so called appearance on his behalf by another was made without any instructions on his behalf. The order passed is erroneous and is set aside.

I have dispensed with notice to the respondents since by this order I am only allowing for an opportunity to the petitioner to vouch through evidence of what is stated in his petition. Both the parties will have an opportunity to let in appropriate evidence with reference to the contentions raised in the petition filed by the petitioner and the objections taken by the respondent.

CR No. 177 of 2013

¶17

2

the Court below for disposal in the light of the observations made

above.

January 14, 2013 archana

Sukhdev Singh v. Bhagwan Singh and Ors.