MOTOR INDUSTRIES CO LTD Vs. N CHINNUSWAMY

JUDGEMENT

(1.) THE petitioners are the defendants in O. S. No. 1853/2005 on the file of City Civil Judge, bangalore (CCH-13 ). On April 7, 2007, the court directed the parties that is both the plaintiff and the defendants to appear before the court on July 21, 2007 as on that day, the representative of the defendants sought for time on the ground that settlement may be possible. On July 21, 2007 though the plaintiff and his counsel were present before the Court, none of the defendants nor their counsel appeared before the Court Therefore, the Court proceeded to strike down the written statement filed by the defendant in exercise of its power under Order 10 Rule 4 of C. P. C. The said order striking down the written statement of the defendants is impugned in this Writ Petition.

(2.) THE respondent/plaintiff has appeared through his learned counsel and has filed his statement of objections.

(3.) I have heard both sides.