OM PARKASH Vs. NAGAR MAL

JUDGEMENT

(1.) NAGAR Mal respondent filed a petition for ejectment against the petitioner and the remaining respondents (hereinafter proforma respondents) from the shop situate in Qadian Tehsil Batala, District Gurdaspur, on April 29, 1981. No written statement was filed on behalf of the petitioner and the proforma respondents. The case was ultimately adjourned to December 21, 1981, for filing of the written statement. On December 21, 1981, another adjournment was sought for filing of the written statement. The Rent Controller vide order dated December 21, 1981, declined further adjournment and also struck off the defence of the petitioner and the proforma respondents. It is against this order that the present revision has been filed.

(2.) THE learned counsel for the petitioner has argued that on December 21, 1981, the written statement was read except that it was to be signed by the petitioner and the later got late in reaching the Court on that date. The learned counsel for the petitioner has prayed that the petitioner and the proforma respondents be allowed one opportunity to file the written statement and in case it is not filed on the date fixed, the Rent Controller will be at liberty to strike off their defence.

(3.) AFTER hearing the arguments of the learned counsel for the parties and to meet the ends of justice it would be just and equitable to allow one opportunity to the petitioner and the proforma respondents to file their written statement on payment of cost.