GURSEV SINGH MANCHANDA Vs. MOHINDER PAL SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dtd. 9/9/2021 passed by the Court of Civil Judge (Jr.Divn.), Amritsar vide which she had dismissed an application under Order 8 Rule 1 read with Sec. 151 CPC moved on behalf of plaintiff Gursev Singh Manchanda, who is revisionist before this Court, for closing the right of Mohinder Singh - defendant in the suit to file written statement and striking off his defence.

(2.) Briefly stated, the facts of the case are that plaintiff Gursev Singh Manchanda had brought a suit for possession against defendants Mohinder Singh and his brother Jasvinder Singh claiming that he is owner of the suit property, which is in possession of defendants as licensees; that licence in favour of the defendants has since been revoked, however defendants failed to hand over the possession of the suit property to the plaintiff necessitating the filing of the suit in question.

(3.) Notice of the suit filed on 31/5/2019 was issued to the defendants. Defendant No.2 did not appear despite service, as such was proceeded against ex parte vide order dtd. 8/8/2019, whereas defendant No.1 was served and put in appearance through counsel on 5/9/2019, thereafter the case kept being adjourned for filing of written statement, which was not filed up to 29/10/2019. The case was then adjourned to 21/11/2019. In the meanwhile, the plaintiff brought an application under Order 8 Rule 1 read with Sec. 151 CPC for closing the right of defendant No.1 to file written statement and striking off his defence stating that the written statement, which was required to be filed within 30 days of service of summons, had not been filed within such period or extended permissible time of 90 days, which expired on 18/11/2019. The No.1 had filed an application under Order 7 Rule 14 read with Sec. 151 CPC contending that while preparing written statement, it has transpired that documents on which the plaintiff relies upon have not delivered with copy of plaint, which are very much necessary to enable the defendant to prepare written statement and plaintiff be directed to supply copies of such documents to defendants.