Kalyani Sadguru vs Satya Kumar Rao

Alok Kumar Verma, J

In Original Suit No.68 of 2021, filed before the Senior Civil Judge, Rishikesh, District Dehradun, the revisionist – defendant was not present. Therefore, on 22.03.2023, the learned trial court directed the said suit to proceed ex-parte against the revisionist – defendant. An application to recall the said order dated 22.03.2023 was filed by the revisionist – defendant. The said application has been dismissed vide impugned order dated 30.05.2023.

Heard Mr. Harsh Vardhan Dhanik, learned counsel for the revisionist and Mr. Neeraj Garg, learned counsel for the respondent.

Mr. Harsh Vardhan Dhanik, Advocate, on instruction, has requested to grant three weeks’ time from today to the revisionist – defendant to file her written statement in the said original suit.

Mr. Neeraj Garg, Advocate appearing for the respondent, on instruction, agrees with the said request of the revisionist, but on cost.

With the consent of learned counsel for both the parties, the impugned order dated 30.05.2023 and order dated 22.03.2023 are set aside on the cost of Rs.25,000/-(Rupees twenty five thousand). The revisionist – defendant is granted three weeks’ time from today to file her written statement. No further opportunity shall be granted to the revisionist – defendant to file her written statement.

Civil Revision (No.99 of 2023) stands disposed of accordingly.