GURVAIL SINGH Vs. GURWINDER SINGH

JUDGEMENT

(1.) Challenge in the present revision petition is for setting-aside the order dtd. 6/10/2023 passed by learned Additional Civil Judge (Senior Division), Ajnala in CS No.94 of 2021, whereby the defence of the petitioners/defendants has been struck-off on account of non-filing of written statement despite availing several opportunities within the prescribed period of 90 days from the date of effecting service upon them.

(2.) Learned counsel for the petitioners contends that the petitioners/defendants were proceeded ex parte on 21/3/2022 in a civil suit filed by the respondent/plaintiff and thereafter, on coming to know about the ex parte proceedings, the petitioners/defendants No.2 and 3 have appeared before the learned trial Court on 9/1/2023 and on the very said date, the ex parte order was set-aside by the learned trial Court, subject to payment of cost of Rs.500.00 to be paid to the plaintiff by each defendants No.1 to 4 for causing delay in the proceedings and thereafter, the case was fixed for filing written-statement on 10/2/2023, 31/3/2023, 1/5/2023 and 13/7/2023, however, on 17/8/2023 and 12/9/2023, the learned Presiding Officer was on leave and instantly, on 6/10/2023 the impugned order was passed whereby the defence of petitioners was struck-off and the case was fixed for 3/11/2023 for recording the evidence of the plaintiff. He submits that non-filing of the written statement within the stipulated period is neither intentional nor deliberate. He further submits that, if one opportunity to the present petitioners/defendants is afforded, the written statement will be filed before the learned trial Court on or before the next date of hearing i.e. 15/1/2024, fixed in the civil suit.

(3.) I have heard learned counsel for the parties and perused the record.