RANVIR SINGH Vs. ATTAR SINGH AND ORS

JUDGEMENT

(1.) Ranvir Singh - defendant No. 3 has filed the instant revision petition under Article 227 of the Constitution of India impugning order dated 23.08.2008 (Annexure P-1) passed by learned Civil Judge (Junior Division), Charkhi Dadri, thereby precluding defendant no.3-petitioner from filing written statement and also impugning order dated 19.07.2010 (Annexure P-2) passed by the same Court, thereby dismissing petitioner's application for recall of order Annexure P-1.

(2.) I have heard learned counsel for the petitioner and perused the case file.

(3.) Learned Counsel for the petitioner states that the case is now fixed in the trial court for 08.10.2010 for arguments on stay application. It is also stated that issues have not yet been framed. It is also contended that application for recall of order dated 23.08.2008 (Annexure P-1) was moved on 05.09.2008 on the ground that on 23.08.2008, original counsel for defendant no. 3 could not appear on account of death of a relative on the same day, as evidenced by Death Certificate (Ex.P-3) and affidavit (Ex.P-4) of the counsel in the lower court. It is prayed that only one more opportunity may be granted to the petitioner to file written statement on payment of cost.