NASERO Vs. ALISHER

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 6.5.2011 passed by learned Civil Judge, Senior Division, Naraingarh, District Ambala, vide which defence of petitioners-defendants was ordered to be struck off for want of filing of written statement within prescribed period of 90days.

(2.) I have heard learned counsel for the petitioners and have gone through the whole record carefully including the impugned order passed by learned trial Court.

(3.) It has been contended by learned counsel for the petitioners that though all the necessary documents were handed over by the petitioners, who are illiterate persons, to their counsel after receiving notice but due to negligence on the part of their counsel, written statement could not be filed within time and when petitioners came to know about this fact, they engaged another counsel to appear on behalf of petitioner No. 1, who is father and uncle of other petitioners and requested the Court for another date for filing written statement and, however the prayer of the petitioners was not accepted by learned trial Court on the plea that period of 90 days has already expired. It is further contended that provision of Order VIII Rule 1 of the Code of Civil Procedure (for short the Code') is directory in nature and in view of this fact, one opportunity may be granted to petitioners to file written statement, which is already prepared.