ASHISH JUNEJA AND OTHERS Vs. KRISHAN DAYAL

JUDGEMENT

(1.) IN this revision petition filed by defendants under Article 227 of the Constitution of India, challenge is to order dated 24.08.2012 Annexure P -1 passed by the trial Court thereby striking off the defence of the petitioners due to non -filing of written statement. I have heard counsel for the parties and perused the case file.

(2.) COUNSEL for the petitioners stated that petitioners appeared in the trial court on 27.03.2012 but could not file written statement as they were collecting relevant documents and, therefore, one more opportunity may be granted to the petitioners for filing written statement. The prayer has been opposed by counsel for respondent -plaintiff.

(3.) KEEPING in view all the circumstances, I am of the considered opinion that ends of justice would be met if another opportunity is granted to the petitioners for filing written statement on payment of costs. Resultantly, instant revision petition is allowed and trial Court is directed to grant only one more opportunity to the petitioner for filing written statement, subject to payment of Rs. 5,000/ - as costs precedent. The written statement shall be filed by the petitioners on or before the next date of hearing fixed in the trial court.