LAWS(P&H)-2013-5-34

INDERJIT SINGH Vs. HEMANT BANSAL

Decided On May 14, 2013
INDERJIT SINGH Appellant
V/S
Hemant Bansal Respondents

JUDGEMENT

(1.) THIS defendant's revision is directed against the th order dated February 14 , 2012 passed by Civil Judge (Senior Division), Kaithal whereby his defence was struck off on account of non-filing of written-statement within stipulated period.

(2.) LEARNED counsel for the petitioner has, inter-alia, urged that defence of the petitioner was struck off on September th 17 , 2012 and immediately thereafter, that is, after lunch interval, he filed application along with written-statement to permit him to file written statement. The said application remained pending upto February 14th, 2013. Though the written-statement was taken on record but the said application was dismissed.

(3.) IN view of above, revision is accepted. Order under challenge is set-aside. The trial Court is directed to take on record written-statement filed by the petitioner.