VISHAL JAIN Vs. AJAY KUMAR AND OTHERS

JUDGEMENT

(1.) After hearing the learned counsel for the petitioner, I am of the opinion that the instant revision petition can be disposed of at this stage without issuance of notice of motion to the other side as resorting to this process is likely to take more time.

(2.) The petitioner is aggrieved by the order dated 24.4.2010 vide which his defence has been struck off.

(3.) Learned counsel for the petitioner states that if one opportunity is granted to him, he shall file the written statement. After hearing the learned counsel for the petitioner and perusing the impugned order, I am of the opinion that there is no legal infirmity therein. However, considering purely the interest of justice and also the fact that substantial justice can be ensured by compensating the other side with costs, I deem it appropriate to dispose of the revision petition with a direction to the learned trial Court to afford one opportunity to the petitioner to file his written statement within a period of 15 days from today. The impugned order is set aside subject to payment of Rs.25,000/- as costs.