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Anuj Kathuria   11 July 2024

Civil revision petition

I have filed civil revision petition in High court of Delhi on 05.04.24 challenging trial court order dated 28.02.24 allowing petitioner applications under order VI rule 17 CPC in rent eviction pending case . Listed for hearing on 16.08.24 .Counsel for respondent had appeared on advance notice and submitted that he would like to file a reply and  Hon'ble court had directed to file reply within 4 weeks from 05.04.24 with an advance copy to the other side .Counsel has not filed any reply till date .Can i move an application requesting court to strike off right to reply of opposite party .Please advice



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     11 July 2024

If the opposite party has failed to comply with the conditions for hearing advance then the order will become infructuous.

That will not disentitle the respondent from filing his reply on the original date of hearing.

Any application from your side in this regard may not be entertained by court.

P. Venu (Advocate)     11 July 2024

Your propsed action would be too hasty. Generally, Courts take alenient view in such cases.


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