PARSIN KAUR Vs. MANJIT KAUR

JUDGEMENT

(1.) The petitioner-plaintiff is aggrieved of the impugned order, whereby application moved under Order 23, Rule 1 Sub-Rule 4 of Rule 3 read with Section 151 CPC for setting aside of the statement suffered on 04.10.2014 and order of even date vide which the suit seeking following relief:-

(2.) Mr. Prateek Pandit, learned counsel appearing on behalf of petitioner-plaintiff submits that in the contents of the application, it was stated that no instruction was given to the counsel to withdraw the suit. In support of the contention, he has relied upon judgment rendered by Hon'ble Supreme Court in Himalayan Co-operative Group Housing Society v. Balwan Singh, 2015(7) SCC 373.

(3.) He further submits that counsel has been engaged who without signing power of attorney suffered statement and withdrew the aforementioned suit, though, no authority was given to the agent to do this.