DHARAM PAL Vs. PARASRAM AND ORS.

JUDGEMENT

(1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 28.2.2011, passed by learned Additional Civil Judge, Senior Division, Faridabad, Annexure P1, vide which defence of Petitioner has been struck off in Civil Suit No. 558/10 for non -filing the written statement by him.

(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 the Petitioner that he has given all the documents and instructions to his counsel to file the written statement and, however, due to negligence of counsel, written statement could not be filed. Hence, it is contended that Petitioner could not be made to suffer due to fault of his counsel. It is also contended that moreover on one of the dates, it was declared as a holiday and only two dates were given for filing written statement. It is further contended that moreover no proceeding has been conducted in this case and the case is fixed for service of remaining Defendants and now the case is fixed for 5.8.2011 for service of remaining Defendants.