RANDHIR SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) The defendant No. 4-petitioner is aggrieved by the order dated 19.8.2011 passed by the trial court whereby his defence has been struck off for not filing the written statement.

(2.) Briefly stated, the facts necessary for adjudication of the present petition are that the plaintiff-respondent No. 1 filed a suit for partition by way of metes and bounds of land measuring 8 kanal 8 marlas, Gair Mumkin Abadi, comprised in khewat No. 878 Khatauni No. 1465, khasra No. 1046(8-8) situated within the area of village Kotbhai-II, Tehsil Gidderbaha, District Sri Muktsar Sahin as per jamabandi for the year 2004-05 and put the plaintiff in separate possession of his share to the extent of 1/8 share. Upon notice of the suit, the defendant-petitioner appeared before the trial court on 19.5.2011 and sought time for filing written statement. On the said date remaining defendants, i. e. defendants No. 1 to 3 and 5 to 7 were proceeded against exparte and the case was adjourned to 13.6.2011 on which date counsel for the petitioner had filed power of attorney. Thereafter, the case was adjourned to 30.7.2011 and on which date, the case was adjourned to 16.8.2011. On 16.8.2011, the petitioner was admitted in the hospital at Bathinda for back pain and was advised best rest for ten days and, therefore, was unable to appear in the court and file the written statement. The trial court vide order dated 19.8.2011 struck off the defence of the petitioner-defendant No. 4 for not filing the written statement. Hence, the present revision petition.

(3.) I have heard learned counsel for the parties and have perused the record with their assistance.