DAYA SINGH SURESH KUMAR Vs. VIRENDER

JUDGEMENT

(1.) Through the present petition, the petitioners have challenged the order dtd. 3/8/2021 passed by learned Addl. District Judge, Panipat, vide which, defence of the petitioners-defendants was struck off, on account of non-filing of written statement, despite the expiry of 90 days.

(2.) However, at this stage, learned counsel for the petitioners submits that dispute between the parties to the lis, is commercial dispute of a specified value and therefore, special Amendment made in Order VIII Rule 1 of CPC in 2015, is applicable, wherein, the period given to file the written statement is 120 days from the date of service of summons.

(3.) However, in the present case, the impugned order, thereby striking off the defence of the defendants, has been passed, after the expiry of 90 days.