AMRIT KAUR Vs. GURPAL NARAD

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 19.3.2015 passed by the learned Court below whereby the application filed by the petitioner under Order XV Rule 5 CPC for striking off defence of the respondent-defendant was dismissed.

(2.) The proceedings arise out of a suit for possession by way of ejectment filed by the petitioner. When the case was taken up for hearing, considering the facts mentioned in the impugned order that the application for striking off defence of the defendant was filed, when evidence of the defendant had already been concluded on 29.4.2013, learned counsel for the petitioner was asked to apprise the court about the status of the case before the Court below. The case was passed over.

(3.) When the case was taken up second time, learned counsel for the petitioner submitted that he may be permitted to withdraw the present petition as the suit filed by the petitioner itself has already been decided by the Court below in her favour on 30.5.2015. The matter could have been left at this stage but seeing the conduct of the petitioner, this Court finds this to be a fit case for imposition of cost for filing frivolous petition. It would be appropriate to notice certain facts.