GIGRAJ Vs. RAM KUMAR

JUDGEMENT

(1.) Present revision petition has been preferred by the petitioner against the impugned order dtd. 15/4/2023 passed by Ld. Civil Judge (Jr. Div.), Bhiwani, whereby, defence of defendant No. 3A/petitioner has been ordered to be struck off. Learned counsel for the petitioner submits that suit for possession by way of partition in respect of two storied shop bearing M. C. unit No No-545, 19 X 52.5 feet, shown in red colour in the site plan attached, situated at Bichla Bazar, Pan Manan, Bhiwani Jonepal, Bhiwani, Tehsil and District Bhiwani has been filed by the respondent No. 1-Ram Kumar (plaintiff) alongwith a consequential relief of permanent injunction restraining defendants No. 1 to 16 and their associates from the changing the nature of the property.

(2.) Learned counsel for the petitioner further points out that in fact, due to the non-availability of the complete record, written statement could not be prepared and instituted within the time prescribed, which resulted in the striking off the defense of the defendant No.3-A before the trial Court. Therefore, he requests that if one more opportunity is granted to petitioner, subject to the payment of some cost also, requisite written statement can be filed by the petitioner.

(3.) Learned counsel for the petitioner also relies upon the order dtd. 20/5/2022, passed by the coordinate Bench of this Court in CR-1660-2020, titled as, 'Paro and others Vs. Mahindo', wherein, in the similar circumstances, to avoid miscarriage of justice, the order of striking off defense was set-aside, and opportunity of filing of written statement was granted. Relevant part of the order dtd. 20/5/2022, says as under:-