PANJON LTD. Vs. DHINGRA ENTERPRISES

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 22.2.2005 passed by the learned Additional Civil Judge (Senior Division), Jalandhar, whereby defence of the defendant-petitioner was struck off as he failed to file written statement within the stipulated period as provided under Order 8 Rule 1, CPC.

(2.) MS . Jyoti Sareen, Advocate, learned counsel for the petitioner has referred to the interim orders dated 27.7.2004, 3.9.2004 and 6.10.2004 passed by the learned trial Court as reproduced in para 5 of this revision petition. It is contended that the defendant-petitioner has put in appearance on 27.7.2004 and on his request, the case was adjourned to 3.9.2004 for filing written statement. On 3.9.2004, on request the case was adjourned to 6.10.2004 for filing written statement. On 6.10.2004 written statement was filed and an application for striking off the defence of the defendant-petitioner was also filed. Thereafter, the impugned order dated 22.2.2005 was filed. It is contended that the written statement having already been filed, the learned trial Court erred in passing the impugned order.

(3.) IN the circumstances, I am of the view that the learned trial Court has failed to exercise its jurisdiction in not extending the time for filing the written statement and striking off the defence of the defendant-petitioner.