KAPIL DEV Vs. SUKHWINDER SINGH AND ORS.

JUDGEMENT

(1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 29.11.2010, Annexure P1, vide which defence of Petitioner -Defendant No. 3 has been struck off.

(2.) I have heard learned Counsel for the Petitioner 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 Petitioner -Defendant No. 3 that he be granted one opportunity to file written statement without specifying the reason as to why written statement was not filed earlier, even after availing three last opportunities, as has been observed by learned trial Court in the impugned order. He has also failed to satisfy this Court as to when he was served in this case and how much time he has taken for not filing the written statement.