Abhilasha Nutrition and Health Foods Pvt. Ltd. v. Saroj Bala and Others
Case brief
What is this about?
Striking off defence; written statement not filed; costs not paid; Order I Rule 10 CPC; Section 151 CPC; transposition of proforma respondent as petitioner; application after five-year delay not entertainable; applicant never filed own revision; liberty to file independent revision if maintainable; defendant proceeded ex parte; revision dismissed as infructuous; Additional Civil Judge Senior Division Samana; order dated 11.12.2017; CM-6526-CII-2022; CR-7478-2018 (O&M); Punjab and Haryana High Court.
What did the court decide?
The application for transposition of the applicant (defendant No.4) as petitioner, filed after five years of the filing of the revision petition, cannot be entertained because the applicant never filed his own revision and the prayer in the revision petition was made qua defendant No.1 only; the application is dismissed.