KARUN MAHAJAN Vs. AVTAR SINGH

JUDGEMENT

(1.) INSTANT civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 22.07.2013 (Annexure P -3) passed by learned Additional Civil Judge (Jr. Divn.), Gurdaspur whereby defence of petitioners has been struck off due to non -filing of written statement within stipulated period.

(2.) SHORN of unnecessary details, the facts relevant for disposal of the present petition are to the effect that respondent no.1 -plaintiff filed a suit for permanent injunction against the petitioners and others restraining them from encroaching the public street by installing a gate as mentioned in the head -note of the suit. Upon notice, the petitioners put in appearance through their counsel on 02.02.2013 and sought time to file written statement. Thereafter, respondent no.2 filed written statement on 05.03.2013, however, the petitioners could not file written statement in spite of availing nine opportunities. Vide impugned order dated 22.07.2013, defence of the petitioners has been struck off due to non -filing of written statement within statutory period of 90 days.

(3.) LEARNED counsel for the petitioners vehemently contends that delay in filing written statement by the petitioners is not intentional, rather bona fide one which has occurred due to communication gap between them and their counsel. The learned counsel further contends that one opportunity may be given to the petitioners to file written statement which is necessary for proper adjudication of the suit. The learned counsel further contends that the petitioners should not be made to suffer due to lapse on the part of the counsel.