Himachal Pradesh High Court
CMPMO/789/2008 of MUNICIPAL CORPORATION SHIMLA Vs RAKESH CHAUHAN on 31 December 2008
of 2008. 31.12.2008 Present: Mr. Shrawan Dogra, counsel for the petitioner. Sh. B.S.Chauhan, for respondents 1,2 and 4. This is the defendant’s petition against the order dated 6.11.2008, passed by the learned Civil Judge (Junior Division), Court No. 2, Shimla. The order reads: “
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CMPMO 789 of 2008.
31.12.2008 Present: Mr. Shrawan Dogra, counsel for the petitioner. Sh. B.S.Chauhan, for respondents 1,2 and 4.
This is the defendant’s petition against the order dated 6.11.2008, passed by the learned Civil Judge (Junior Division), Court No.
2, Shimla. The order reads:
“ 6.11.2008 Present: Shri Ranvir Chauhan, Advocate for plaintiff. Sh. Sawaran Sharma, Advocdate for defendant No. 3.
Sh. R.S.Parmar, Ld. ADA for respondent No. 4.
W.S. on behalf of defendant No. 3 not filed. Defence of defendant No. 3 struck of by Courts order. It be listed for replication and issues on 12.11.2008.”
A bare reading of this order does not disclose reasons which prompted the learned trial Court to pass this order. To say that it is cryptic and bereft of reasons would be stating the obvious. This petition is accordingly allowed. The order is quashed and set aside. Permission is granted to the petitioner herein to file written statement. As a necessary consequence, the plaintiff shall also be entitled to file replication etc. in accordance with law. This petition is disposed of. There shall be no order as to costs.
December 31, 2008 (PC). (Dev Darshan Sud), J.