NIRMAL SINGH Vs. JAGROOP SINGH

JUDGEMENT

(1.) Defendant Nirmal Singh has filed this revision petition under Article 227 of the Constitution of India assailing order dated 19.08.2010 (Annexure P-1) passed by learned Civil Judge (Junior Division), Jagraon. Respondent Jagroop Singh has filed suit against the petitioner.

(2.) The case was fixed in the trial court for 28.07.2010 for filing of written statement by the defendant-petitioner. On that date, defendant-petitioner filed written statement along with application for permission to place on record the written statement. However, at the same time, plaintiffrespondent moved application on the same date for striking off the defence of defendant for having not filed the written statement within 90 days from the service of summons alleging that the defendant received the summons on 19.04.2010.

(3.) Learned trial court, vide impugned order Annexure P-1, has allowed the application moved by plaintiff-respondent and has struck off the defence of defendant-petitioner and has dismissed the defendant's application for placing on record written statement as infructuous. Feeling aggrieved, the defendant has preferred the instant revision petition.