ASHOK KUMAR AND ANOTHER Vs. LAKHWINDER SINGH

JUDGEMENT

(1.) The present revision petition is directed against the order dated 28.03.2016 (Annexure P-1), whereby on account of non-payment of Rs. 200/- as costs and in view of the fact that the petitioners who were the tenants had put in appearance on 30.09.2014 and had not filed the reply, the drastic step of striking the defence off was taken.

(2.) Challenge has also been raised to the order dated 06.10.2016 (Annexure P-3), whereby the review application subsequently filed on 01.07.2016 was dismissed on the ground that the review was not maintainable and the remedy would have been to file the revision against the order.

(3.) Counsel for the petitioner has vehemently pointed out that on account of the proceedings inter se an application having been filed under Order 1, Rule 10 CPC and in view of the fact that the matter was kept pending, since the Presiding Officer was on leave, the reply was not filed inadvertently by the counsel.