MANJIT SINGH Vs. AJAIB SINGH

JUDGEMENT

(1.) C.M. No. 10375 -CII of 2013

(2.) THIS is an application for placing on record the affidavit of the petitioners. Civil Misc. Application is allowed and affidavit of the petitioners is taken on record.

(3.) ADMITTEDLY , the suit is pending for consideration of stay application. Although the written statement was to be filed and the petitioners could not file the same and thereafter, even without taking any decision on the stay application, the defence of the petitioners has been struck of only on the ground that no written statement was filed. Non -filing of written statement has not caused any prejudice to the other party and no delay has been caused in any manner. The written statement of the petitioners would be necessary in the decision of the issue pending before the trial Court and moreover, the written statement is necessary for just decision of the case.