PREM KUMAR DUA Vs. PRIYA BALA MAZUMDAR

JUDGEMENT

(1.) The grievance of the petitioner/defendant No.3 is that in the suit filed by respondent no. 1/plaintiff against him and two other defendants i.e. respondent nos. 2 and 3 herein, petitioner/defendant No.3 has not been allowed to file written statement and his defence has been struck down vide order dated 3.5.2005 passed by learned Civil Judge, Delhi. Thereafter, petitioner filed review petition which was also dismissed vide order dated 23rd November, 2005.

(2.) Counsel for petitioner has submitted that written statement has not been filed in the matter as some applications of petitioner/defendant No.3 including application under Order 7 Rule 11 CPC were pending. Petitioner was informed by his counsel that after disposal of those applications, Court will give him time to file written statement, as such written statement was not filed. It is submitted that under these circumstances, learned Civil Judge ought to have given an opportunity to file written statement specially considering that application of petitioner under Order 7 Rule 11 was pending disposal.

(3.) I have considered the submissions made and perused the record.