PAWAN KUMAR Vs. SURENDER KUMAR MEHTA

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 28/1/2020 (Annexure P-3) passed by the learned Civil Judge (Junior Division), Hisar whereby the defence of the defendant-petitioner was struck off for not filing his written statement despite opportunities having been granted.

(2.) Notice was issued to the respondent in the present case on 20/2/2020. However, the respondent has chosen not to put in appearance despite service and, accordingly, he is proceeded against ex parte.

(3.) Brief facts relevant to the present lis are that the plaintiff-respondent herein filed a suit for recovery of Rs.40,000.00 (rupees forty thousand) along with interest @ 18% per annum from the date of due payment till its realization. The defendant-petitioner herein put in appearance before the Court on 18/11/2019 for the first time. Thereafter on 18/12/2019 the matter was adjourned to 4/1/2020. On 4/1/2020 last opportunity was granted for filing written statement. On 28/1/2020 defence of the defendant-petitioner was struck off for not filing written statement.