KASTURI DEVI Vs. STEEL SALES CORPORATION

JUDGEMENT

(1.) M/s Steel Corporation, Mandi Gobindgarh, have instituted a suit for recovery of money against as many as five defendants. Kasturi Devi wife of Prem Chand, resident of Wazirpur Industrial Area, Delhi is defendant No. 2 and appears to be the contesting defendant. The learned Subordinate Judge I Class, Amloh, passed an order requiring Kasturi Devi defendant No. 2 to appear in the Court for the purposes of admission or denial but she did not appear in Court on 18-7-1991 and again she did not appear on 22-8-1991 on account of her alleged illness. On the third date i. e. 13-9-1991 an order was passed striking off her defence. This has been challenged here in this revision.

(2.) THE procedure relating to the admission and denial finds mention in Order XII of the Code of Civil Procedure, 1908. The rules 2-A and 3-A thereof are reproduced as under:" 2-A. Document to be deemed to be admitted if not denied after service of notice to admit documents: