BALBIR SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 13/8/2020 whereby the defence of the petitioners has been struck off for not filing the written statement.

(2.) Learned counsel for the petitioners would contend that the petitioners had put in appearance on 10/7/2020 for the first time and on 13/8/2020 their defence was struck off. Learned counsel would contend that firstly during the said period various restrictions were in place due to the Pandemic Covid-19 and further proviso of Order 8 Rule 1 of the Code of Civil Procedure, 1908 provides a period of 90 days for filing of the written statement which has also further been held to be directory in nature and not mandatory.

(3.) Learned counsel for the respondent No.1 contends that written statement was not filed and hence the order has correctly been passed.