RANJAN KOSHAL Vs. JAGJIWAN KOSHAL

JUDGEMENT

(1.) THE petitioner is defendant No. 1 before the trial Court. The suit was instituted on 09.08.2013 for declaration and permanent injunction to the effect that the plaintiffs are owners in possession of plots No. 50 and 51 measuring 388.12 sq. yards situated in Ward No. 12, Municipal Council, Ahmedgarh, District Sangrur as described in the heading of the plaint. The claim was based on an oral partition effected between Justice Anand Dev Koshal, Naubahar Koshal, Varinder Kumar Koshal, Prem Raj Koshal and other co -sharers vide oral partition dated 01.07.1982. Through this oral partition, joint property was divided amongst co -sharers by carving plots, streets etc. Two opportunities were given to the defendant to file reply but he was unable to do so. Learned counsel submits that the Court itself granted the defendant three opportunities. The third opportunity was made last opportunity on 21.11.2013 when the matter was adjourned to 16.12.2013. On 16.12.2013, an adjournment was granted by the trial Court subject to payment of costs of Rs. 200/ - and again allowing last opportunity. By order dated 25.01.2014, the defence of the petitioner has been struck off and the case posted for plaintiffs evidence. Learned Civil Judge (Junior Division), Malerkotla has held that neither cost was paid nor written statement filed, thus, defence of the defendant deserves to be struck off. There are two defendants in the suit. The present petition has been filed by defendant No. 1 alone. The plaintiff and the defendants belong to the same family. Since the impugned order would have far reaching adverse consequences, justice would demand that one further opportunity could be granted to the first defendant on payment of punitive costs to be paid to the plaintiff for causing delay and hindrance in the progress of the suit. This Court deems it appropriate not to issue notice to the plaintiff since the prayer is not un -reasonable for permitting the petitioner to file his written statement in defence of the suit. Resultantly, this petition is allowed; the impugned order dated 25.01.2014 is set aside and the petitioner, is granted one opportunity to file the written statement on or before 03.05.2014 with an advance copy to the opposite counsel.

(2.) THIS order will, however, remain subject to payment of costs of Rs. 10,000/ - to be paid to the plaintiff before the trial Court.