MAKHAN SINGH Vs. KASHMIR SINGH AND ORS.

JUDGEMENT

(1.) THIS revision is directed against the order dated 27th October, 1999, vide which the learned Civil Judge (Junior Division), Nawanshahar, declined to grant further opportunity for filling the written statement and directed the defence of the defendant shall stand struck off and thus adjourned the case for recording the evidence of the plaintiff.

(2.) LEARNED Counsel for the petitioner contended that the learned trial Court has not exercised the discretion vested in it in consonance with the settled principle of law. The Court ought to have granted another opportunity for filing of the written statement. Thus, the order suffers from an error of jurisdiction apparent on the face of the record.

(3.) KASHMIR Singh, plaintiff filed a suit for permanent injunction against the defendant Mohan Singh and others praying that the defendants in the suit be restrained from interfering in the peaceful possession of the property shown in red colour in the map annexed to the plaint and for dispossessing them forcibly from the property subject matter of the suit. The suit was instituted by the plaintiff on 6th February, 1999. The defendant (petitioner herein)was granted 8 opportunities to file the written statement and vide order dated 22nd July, 1999, the learned Court had ordered that the written statement had not been filed despite opportunities and granted further time to the petitioner to file written statement by 30th August, 1999. On 30th August, 1999, no written statement was filed. Thus, the Court imposed costs of Rs. 100/ - for grant of further time to file written statement on 29.9.1999. Still the petitioner failed to file written statement. As the written statement was not filed again costs of Rs. 100/ - was imposed and the petitioner was directed to file the written statement on 27th October, 1999. On 27th October, 1999. neither costs were paid nor written statement was filed. Thus, compelling the Court to pass the impugned order dated 27th October, 1999. Which reads as under: -