YUNUS Vs. AFJAL AND ANOTHER

JUDGEMENT

(1.) The defence of the petitioner has been struck off for the reason that the petitioner has failed to file the written statement despite last opportunity. Hence there is no legal infirmity in the impugned order. However, purely in the interest of justice and keeping in view the fact that equitable justice can be ensured by compensating the other side with costs, the impugned order is set aside subject to payment of Rs.5,000/- as costs. Now the written statement shall be filed by the petitioner within a period of 10 days positively.

(2.) The revision petition is being disposed of at the motion stage itself without issuance of notice of motion to the other side for the reason that having resorted to this process is likely to delay the proceedings further.