NARESH KUMAR Vs. ASHA AHUJA

JUDGEMENT

(1.) By way of present revision petition challenge has been made to an order dtd. 15/11/2018 (P-3) passed by the Court of Civil Judge (Junior Division), Yamuna Nagar; whereby defence of the petitioner/ defendant (hereinafter referred to as 'the petitioner') has been struck off.

(2.) Facts leading to the present case are that the respondent/ plaintiff (hereinafter referred to as 'the respondent') filed a suit for declaration challenging an agreement to sell dtd. 18/7/2017 to be illegal null and void, besides seeking relief of permanent injunction with a prayer for restraining petitioner from interfering in his possession.

(3.) Upon notice, petitioner appeared before the trial Court on 12/12/2017 through his counsel Sh.P.K. Punia and sought time for filing of written statement. However, despite having been granted sufficient opportunity, no written statement was filed and resultantly, his defence was ordered to be struck off by the trial Court vide order dtd. 15/11/2011. Since then the suit is being adjourned for recording of the evidence of respondent, however, a statement of not even a single witness has been recorded so far.