CHAND SHARMA Vs. OM PRAKASH GULATI

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the order dated 04.03.2020 passed by the learned Additional District Judge-03, Rohini Courts, North District, in Suit filed by the respondent, being CS No. 433 of 2017, titled Om Prakash Gulati v. Pramod Chandra & Ors., dismissing the application of the petitioner, who is defendant no.2 in the Suit, seeking recall of the order dated 02.02.2018 by which the right of the petitioner to file written statement on record was closed.

(2.) The Impugned Order itself records that the petitioner was served with the summons of the Suit by way of affixation on 05.09.2017 and had appeared on 12.10.2017. On the said date, a request was made by the petitioner for supply of the complete set of documents. The Suit thereafter was adjourned to 18.01.2018, on which date, the petitioner filed an application under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code'). The same was allowed by the learned Trial Court, subject to payment of Rs.1,000/- and with a direction that a final opportunity is granted to the petitioner for filing of written statement by the next date of hearing, which was fixed as 02.02.2018.

(3.) On 02.02.2018, the petitioner appeared along with a proxy counsel, however, neither the cost was paid nor the written statement was filed. The learned Trial Court therefore, was pleased to strike off the defence of the petitioner by its order dated 02.02.2018.