ESKAY ENGINEERING CO. ELECTRICAL AND HYDRANLIC PVT. LTD. Vs. BHATINDA CHEMICALS AND BANASPATI MILLS PVT. LTD.

JUDGEMENT

(1.) THIS revision has been filed by defendants Nos. 1 and 3 against, the order of the Subordinate Judge, Bhatinda, dated 27th August, 1982, by which their defence has been struck off.

(2.) BRIEFLY , the facts are that the plaintiff instituted a suit for recovery of Rs. 1,50,000/- as damages against the defendants. The suit was fixed for 14th September, 1981, for the evidence of the plaintiff. On that day, the plaintiff did not produce the evidence and it was adjourned to 30th November, 1981, on payment of Rs. 15/- as costs. On 2nd November, an application for admission and denial in which notice was issued to the respondents for 19th December, 1981. On the adjourned date, the defendants did not file the reply and at their request, the application was adjourned to 23rd January, 1982, on payment of Rs. 10/- as costs. On the next date also, the defendants did not file the reply and sought an adjournment. The application was adjourned to 12th February, 1982, on payment of further costs of Rs. 15/-. On 12th February, 1982, an adjournment was again sought for the purpose by the defendants. It was adjourned to 11th March, 1982, the costs of Rs. 10/- as costs. On 11th March, 1982, the costs of Rs. 10/- which were awarded on 12th February, 1982, were paid and the case was adjourned.

(3.) THE only question that arises for determination is as to whether the defence of the defendants can be struck off a later date on the ground that the costs which were payable on earlier dates and not been paid by them. The matter is covered by a decision of this Court in Assa Nand v. Shri Harish Kumar and others, 1982 P.L.R. 582. The following observations of the learned Judge, as extracted in the head-note, may be read with advantage :-