KAMLESH Vs. UMA BAJAJ

JUDGEMENT

(1.) THE crux of the facts & material, culminating in the commencement, relevant for disposal of the instant revision petition and emanating from the record is that, initially Uma Bajaj and Sangeeta Taneja, daughters of Late Ram Kishan Aneja, respondents -plaintiffs(for brevity "the plaintiffs") have instituted the civil suit(Annexure P -1) for partition of the property in dispute against Kamlesh widow of Rajinder Kumar and her son Gaurav Aneja, petitioners -defendants(for short "the defendants"). According to petitioner No.1, due to mental shock on account of the death of her husband, she could not file written statement to contest the suit within a statutory period. Consequently, the trial Court struck off their defence by means of very brief impugned order dated 21.05.2013(Annexure P -3).

(2.) AGGRIEVED thereby, the petitioners -defendants have preferred the present revision petition, invoking the provisions of Article 227 of the Constitution of India.

(3.) AT the very outset, in exercise of power conferred under Article 227 of the Constitution of India, I hereby exempt the issuance of notice to the respondents -plaintiffs, in order to save them from the expenditure of counsel fees, litigation expenses in this Court and the delay in disposal of the suit, particularly when they can well be compensated with adequate costs in this context. Be that as it may, however, in case, the plaintiffs are aggrieved by the order, in any manner, they would be at liberty to file a petition to recall this order without accepting the costs.