MOHMAD BILAL AND ORS Vs. DAUD AND ORS

JUDGEMENT

(1.) Present petition is filed challenging the order dated 23.7.2010 passed by Addl. Civil Judge (Sr. Divn.) Nuh whereby defence of the Defendants-Petitioners was directed to be struck off for non-filing of written statement within stipulated time.

(2.) Learned Counsel for the Petitioners states that on 1.9.2010 day fixed for filing of written statement, Defendant could not appear before the Court below to file written statement as he was suffering from fever and there was heavy rain on that day. Learned Counsel for the Petitioners further states that written statement is ready and shall be filed within such time as fixed by this Court.

(3.) Learned Single Judge of this Court in the matter of Prem Lata v. Ram Sarup reported in, 2005(4) RCR 423 placing reliance on judgment of the Division Bench of this Court in the matter of Batala Machine Tools Workshop Coop. v. Presiding Officer, Labour Court C.R. No. 8146 of 2010 has held that matter can be disposed of C.R. No. 8146 of 2010 at the stage of admission without any notice to the opposite party, because if the Respondent is summoned to contest this litigation, it may involve huge expenditure and unnecessary harassment and delay of the proceedings.