The single judge allowed a revision petition, setting aside an impugned order by granting liberty to the petitioner to file a written statement under Order 38 Rule 5 CPC within 15 days. Costs of Rs. 7,500 were levied.
Impugned order set aside; liberty granted to file written statement in 15 days subject to costs of Rs. 7,500.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR No.1979 of 2016 Date of decision:17.03.2016
Dhramdutt
... Petitioner
Vs.
Smt. Harkaur
... Respondent
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present:Mr. J.P.Sharma, Advocate for the petitioner.
AMIT RAWAL J. (Oral)
Learned counsel for the petitioner-defendant submits that case was listed for filing reply to the application under Order 38 Rule 5 of the Code of Civil Procedure. However, due to inadvertence, written statement could not be filed. He undertakes that written statement will be filed within a period of 15 days from the date of receipt of certified copy of this order, with an advance notice to the plaintiff.
In view of the aforementioned submissions, the impugned order is set aside. Liberty is granted to the petitioner to file written statement within a period of 15 days from the date of receipt of certified copy of this order, subject to payment of costs of `7,500/-.
Accordingly, revision petition is allowed.
(AMIT RAWAL) JUDGE
March 17, 2016 savita
SAVITA DEVI KADIAN 2016.03.18 13:01 I attest to the accuracy and integrity of this document High Court Chandigarh
2 issues framed by the court
Whether liberty to file written statement within stipulated time permitted under Order 38 Rule 5 CPC
Whether revision petition allowed due to inadvertence in filing reply
1 provisions across 1 enactments
DHRAMDUTT
SMT. HARKAUR
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
