NACHHATTAR SINGH Vs. RAMESH KUMAR BHARDWAJ

JUDGEMENT

(1.) THIS petition arises out of a "suit for mandatory injunction for directing the defendants to execute the agreement to sell for the land measuring...." The second prayer is "for permanent injunction for restraining the defendants their agents, representatives from selling, alienating, encumbering or mortgaging the land...". The alternative prayer is for recovery of Rs. 5,37,500/ - with interest. There is no prayer in the suit for executing the sale deed based on existing agreement to sell. The challenge in this petition is to the order dated 15.1.2014 passed by the learned Additional Civil Judge (Senior Division), Dera Bassi which strikes off the defence of the petitioner.

(2.) THE petitioner was one of several defendants arrayed in the suit. Some of the defendants were not served though the petitioner was. Learned counsel for the petitioner submits that the defendants are brothers and the petitioner was waiting for his other brothers to be served in order to present the written statement and for this reason, he sought adjournments thrice for filing the written statement.

(3.) IT is a well settled that the rules and procedures are to be seen not literally and each case requires the special attention of the Court to take care of justice before passing the adverse orders which shuts out the defence of one of the defendants. In Kailash v. Nanhku and others; : 2005(4) SCC 480, the Supreme Court has, while considering the time schedule prescribed by Order 8 Rule 1 CPC, held as under: -