KULDEEP AND ORS. Vs. RAM KISHAN AND ORS.

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 30.4.2014 passed by the learned court below, whereby the defence of the petitioners/defendants No.1 and 2 was struck off on account of non-filing of written statement.

(2.) In the case in hand, respondent No.1/plaintiff filed a suit for possession on 5.11.2012 claiming himself to be co-sharer in the property in dispute. After service, the petitioners had put in appearance on 22.8.2013 and thereafter, sought adjournment for filing written statement. Despite number of opportunities granted, written statement was not filed by the petitioners. As defence of the petitioners was struck off vide impugned order dated 30.4.2014, the same has been challenged in the present petition.

(3.) Learned counsel for the petitioners submitted that on account of unavoidable circumstances, the petitioners could not file the written statement. In fact, respondent No.1/plaintiff is guilty for delaying the process of court. He had not been able to serve the defendants. Even after the defence of the petitioners was struck off, respondent No.1/plaintiff has not led any evidence despite availing seven opportunities. The submission of learned counsel for the petitioners is that considering the stage of the suit, the petitioners may be permitted to file written statement, may be subject to payment of cost.