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CLR/119/2023
2023 Latest Caselaw 2633 UK

Citation : 2023 Latest Caselaw 2633 UK
Judgement Date : 5 September, 2023

Uttarakhand High Court
CLR/119/2023 on 5 September, 2023
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CLR No.119 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Subhash Chand Burman, Advocate for the revisionists.

2. Learned counsel for the revisionists would submit that the suit was filed by the respondent/landlord during the period of COVID pandemic, therefore, he could not file the written statement and could not deposit the rent within one month on the receipt of the notice in the suit; that, he had moved an application under Order 8 Rule 1 read with Section 151 of C.P.C. on 24.03.2022 for taking the written statement on record, however, the written statement was not taken on record by the trial court; that, the trial court has grossly erred in not appreciating the fact that the written statement could not be filed by the revisionist/defendant due to COVID 19 pandemic.

3. Admit the revision.

4. Issue notices to the respondents through ordinary process, registered post acknowledgment due as well as by Email and WhatsApp, if available.

5. Steps to be taken within a week.

6. Summon the lower court record.

7. List on 29.11.2023.

8. Till the next date of listing, the effect and operation of the judgment/decree dated 07.08.2023 passed by Judge, SCC in SCC Suit No.7/2021 shall remain stayed. (Stay Application IA No1/2023 stands disposed of).

(Vivek Bharti Sharma, J.) 05.09.2023 Rajni

 
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