DARSHAN SINGH Vs. MANPREET KAUR

JUDGEMENT

(1.) Darshan Singh, who is respondent before the Guardian Court, has filed this revision petition under Article 227 of the Constitution of India impugning order dated 22.07.2013 (Annexure P-1) passed by the trial court, thereby striking off the defence of the petitioner herein.

(2.) Petitioner's wife Manpreet Kaur-respondent has filed petition under Section 25 of the Guardians and Wards Act seeking custody of minor son of the parties. The petitioner herein appeared through counsel in the trial court on 01.04.2013, but failed to file his written statement till 22.07.2013, when the impugned order was passed, striking off his defence due to non-filing of written statement despite expiry of statutory period of 90 days specified under Order 8 Rule 1 of the Code of Civil Procedure (in short CPC).

(3.) I have heard counsel for the petitioner and perused the case file.