LAWS(P&H)-2022-5-142

PARO Vs. MAHINDO

Decided On May 20, 2022
PARO Appellant
V/S
Mahindo Respondents

JUDGEMENT

(1.) The petitioners/defendants are impugning order dtd. 21/11/2019, passed by the learned Additional Civil Judge (Sr. Divn.), Ferozepur, vide which their defence was struck off in the civil suit filed by the respondent/plaintiff.

(2.) Learned counsel for the petitioners submits that the petitioners were unable to file their written statement initially for genuine reasons which were beyond their control. He further submits that no doubt the trial Court did grant one last opportunity to the petitioners to file their written statement, subject to payment of costs of Rs.500.00, however, they were unable to do so on account of ill-health of petitioner/defendant No.l, who is an old lady. Learned counsel submits that since the trial is still at an initial stage, it would not in any manner adversely affect the progress of the trial in case one last effective opportunity is granted to the petitioners to file their written statement.

(3.) I have heard learned counsel and perused the material on record.