KAMLA DEVI Vs. NEELAM RANA

JUDGEMENT

(1.) The petitioners herein are defendants before the civil court in a suit filed by the respondent-plaintiff for permanent and mandatory injunction qua the suit property i.e. House No.2222, New Indra Colony, Mani Majra, Chandigarh.

(2.) The petitioners are aggrieved by the order dtd. 29/11/2021 passed by the trial Court wherein the defence of the petitioners was struck off as they failed to file their written statement within the statutory period of 90 days.

(3.) Learned counsel for the petitioners submits that the petitioners put in an appearance before the trial Court on 27/7/2021 and thereafter on account of conditions prevailing due to the outbreak of pandemic they were unable to get hold of certain original/certified documents which were required to be submitted along with written statement. He further submits that it was thus for genuine reasons that there was delay in filing of the written statement. Learned counsel has placed reliance upon order dtd. 10/1/2022 passed by the Hon'ble Supreme Court in Misc. Application No.21 of 2022 in Misc. Application No.665 of 2021 in Suo Motu Writ Petition (C) No.3 of 2020, wherein the Hon'ble Supreme Court has also after taking into account the difficulties faced by the litigants in filing their petitions/applications/suits/appeals/all other quasi proceedings etc. directed that the limitation period from 15/3/2020 till 28/2/2022 shall stand excluded and would not come in the way of a litigant in case on account of pandemic, he was unable to file petition/applications/suit/appeal etc. A prayer was, therefore, made to grant one last effective opportunity to the petitioners for filing their written statement.