RUPIKA SANJEEV GROVER Vs. ROMESH CHANDER MAHAJAN

JUDGEMENT

(1.) By way of present revision petition, challenge has been made to an order dtd. 27/7/2022 passed by the Court of Additional Civil Judge (Senior Division), Faridabad, whereby prayer made by the petitioner/ plaintiff (hereinafter referred to as 'the petitioner') for forfeiting the rights of respondents No.1 and 2/ defendants No.1 and 2 (hereinafter referred to as 'respondents No.1 and 2) to file their written statement has been declined.

(2.) Petitioner filed a suit for partition and permanent injunction against respondents on 15/6/2019. The respondents appeared before the trial Court on 12/7/2019. As no written statement was filed at the instance of respondents for a period of more than 120 days, petitioner moved an application under Order 8 Rule 1 read with Order 8 Rule 10 CPC praying for forfeiting the rights of respondents to file their written statement.

(3.) Immediately thereafter, respondents No.1 and 2 filed their written statement before the trial court on 10/12/2021. It may be pointed out her that the written statement was filed at the instance of respondents No.1 and 2 under the signatures of their counsel without the same being signed by them and even without any verification to the same.