GURMAIL SINGH Vs. BALVEER SINGH

JUDGEMENT

(1.) In the present petition, challenge is to the order dated 26.11.2014 (Annexure P-3) passed by the learned court below, whereby on account of non-filing of written statement by the petitioner, his defence was struck off.

(2.) The proceedings in the present case arise out of a suit filed by the respondent/ plaintiff against the petitioner for permanent injunction restraining the petitioner/defendant not to dispossess him from the suit property.

(3.) Learned counsel for the petitioner submitted that the suit was filed by the plaintiff on 31.7.2014 and notice was issued to the petitioner for 4.8.2014. The petitioner appeared on 4.8.2014 through his counsel and the case was adjourned to 9.10.2014, on which date the petitioner filed application for production of documents. On 29.10.2014, the respondent/ plaintiff supplied the documents and the application was disposed of and the case was adjourned to 19.11.2014 for filing written statement. On 19.11.2014, the written statement could not be filed and the case was adjourned to 26.11.2014. As counsel for the petitioner was having back pain and could not prepare the written statement, he sought time for the same, however, the trial court vide order dated 26.11.2014 struck off his defence.