SANJAY GOEL Vs. ATUL GOYAL AND OTHERS

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 05.03.2010 as well as the order dated 02.03.2013 passed by learned Civil Judge (Junior Division), Jagadhri, whereby defence of the petitioner has been struck off for non -filing of written statement. Briefly stated, the facts of the present case are that respondent No. 1/plaintiff filed a suit for mandatory injunction directing petitioner/defendant No. 1 to hand over the possession of truck No. HR -58 -2428 to the plaintiff and also to pay the mesne profit for illegal use and occupation of the said truck till the delivery of possession and for directing respondent/defendants No. 2 and 3 to restore the ownership of the said vehicle in the name of plaintiff, consequently for permanent injunction restraining the respondent/defendants from further transferring the truck in question in favour of any other person forcibly and illegally in any manner whatsoever. The case was listed on 07.11.2009 for filing of written statement on behalf of petitioner/defendant No. 1. However, due to non -filing of the written statement on the date fixed, case was adjourned to 07.02.2010. Again on 07.02.2010 written statement was not filed and the case was adjourned to 05.03.2010. Even on 05.03.2010 written statement was not filed on behalf of petitioner/defendant, therefore, the learned trial court struck off the defence of petitioner/defendant No. 1. Hence this revision petition.

(2.) I have heard learned counsel for the petitioner and perused the record.

(3.) I have considered the contentions of learned counsel for the petitioner.