LAWS(P&H)-2013-1-403

PARVEEN KUMAR AND OTHERS Vs. RAJPAL

Decided On January 25, 2013
Parveen Kumar and others Appellant
V/S
RAJPAL Respondents

JUDGEMENT

(1.) THE petitioners have filed the present revision under Article 227 of the Constitution of India for challenging the order dated 5.1.2013 passed by Additional Civil Judge (Senior Division), Gurgaon whereby their application for placing on record the reply to the application filed by the plaintiffs under Order XXXIX Rule 2 -A C.P.C. was dismissed. It is not in dispute that vide order dated 3.12.2012, this Court while disposing of Civil Revision No. 7215 of 2012 granted further time to the petitioners for a period of two weeks from that day to file their reply to the application under Order XXXIX Rule 2 -A C.P.C. Instead of complying with the order by filing their reply within the stipulated period, the petitioners submitted an application for the said purpose only on 5.1.2013. However, the said application was dismissed on the ground that the period granted to the petitioners to file their reply had already expired.

(2.) AT the same time, some concession can be shown to the petitioners by extending the time for filing their reply for the reason that the certified copy of order dated 3.12.2012 passed in Civil Revision No. 7215 of 2012 was delivered to the petitioners only on 10.1.2013, although it had been prepared earlier, i.e. on 17.12.2012. The ends of justice require that the petitioners be granted one last opportunity for filing their reply to the proceedings under Order XXXIX Rule 2 -A C.P.C. Still for their lax attitude in not submitting their reply within the time earlier granted to them, they can, once again, be burdened with costs. Resultantly, the present revision is disposed of with a direction to the petitioners to appear before the trial Court on the date fixed, i.e. 28.1.2013 and submit their replies to the application under Order XXXIX Rule 2 -A C.P.C., subject to each one of them paying Rs. 5,000/ - as costs to the respondent.