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Allahabad High Court · body

2025 DAILYLAW 138503 (ALL)

Smt. Manju Baranwal v. Shri Sandip Kumar Jaiswal and Another

SCCRD/5/2024 · 2025-07-22

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42016 Court No. - 7 Case :- S.C.C. REVISION DEFECTIVE No. - 5 of 2024 Revisionist :- Smt. Manju Baranwal Opposite Party :- Shri Sandip Kumar Jaiswal And Another Counsel for Revisionist :- Shailesh Kumar Pathak,Anju Tripathi,Ashutosh Tiwari,Saurabh Pathak Hon'ble Pankaj Bhatia,J. I.A. No.3 of 2024 1. Heard. 2. Delay in filing the revision is condoned. 3. The application is allowed. Order on Revision 4. Heard learned counsel for the revisionist. 5. The present petition has been filed challenging an order dated 21.07.2023, whereby the application filed by the revisionist- land lord for striking off the defence under Order 15 Rule 5 of the CPC has been rejected. 6. Prima facie, there appears to be default in terms of the mandate of Order 15 Rule 5 of the CPC, however, the trial court has recorded that all the issues will be decided by considering the case on merits. 7. In view thereof, the present revision is disposed of with direction to decide the SCC Suit No.3 of 2018 expeditiously, preferably within a period of six months from today. While doing so, the default as pleaded by the revisionist shall be considered afresh while determining the point of default. Order Date :- 22.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench