SHEELA AND ANOTHER Vs. DHARAMPAL AND OTHERS

JUDGEMENT

(1.) INSTANT civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 12.11.2013 (Annexure P -2) passed by learned Additional Civil Judge (Sr. Divn.), Panipat whereby defence of petitioners has been struck off due to non -filing of written statement/reply within stipulated period. Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that respondent No. 1 filed petition under Section 15 of Haryana Municipal Corporation Act, 1994 challenging the election of petitioner No. 1, who has been elected as Municipal Counselor from Ward No. 23, Panipat. In pursuance to notice, the petitioners put in appearance through their counsel on 05.08.2013 and the case was adjourned for filing of written statement/reply. Vide impugned order dated 12.11.2013, defence of the petitioners has been struck off due to non -filing of written statement/reply within statutory period of 90 days.

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

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