MANJEET SINGH Vs. JASWINDER KAUR GILL

JUDGEMENT

(1.) CM No. 11119.CII of 2012 Allowed as prayed for. CR No. 2609 of 2012 Defendant Manjeet Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 18.7.2011, Annexure P/2 passed by learned Civil Judge (Junior Division), Moga thereby striking off defence of defendant-petitioner for non-filing of written statement and also preceding ex parte against the defendant ? petitioner as none appeared for him on the said date of hearing.

(2.) I have heard learned counsel for the petitioner and perused the case file.

(3.) I have carefully considered the aforesaid contentions and prayer. Perusal of plaint Annexure P/1 reveals that the defendant-petitioner allegedly agreed to sell suit land to the plaintiff and received Rs 15 lacs as earnest money from the plaintiff vide agreement dated 26.5.2010. The petitioner is, thus, using the said money which was allegedly paid to him almost two years ago. The plaintiff-respondent is interested in expeditious disposal of the suit and therefore, even ex parte proceedings against the defendant-petitioner were got set aside by the plaintiff by pleading 'no objection' to the application of the defendant-petitioner. The instant revision petition has also been filed belatedly as it has been filed on 26.4.2012 to challenge order dated 18.7.2011. Even after his arrest on 30.8.2011 in the criminal case, the petitioner did not take any steps expeditiously for filing this revision petition. However, since the petitioner is in custody since 30.8.2011, I intend to grant him one more opportunity to file written statement but it has to be subject to very heavy costs. Interest at moderate rate of 1% per month on earnest money of Rs 15 lacs would come to Rs 15,000/- per month. The suit is pending since 23.2.2011. Impugned order was passed on 18.7.2011 i.e. more than nine months ago. Thus, the suit has been delayed by the defendant-petitioner for a long time. Consequently, he has to be subjected to very heavy costs.