AMARJIT KAUR Vs. NAVNOOR SINGH

JUDGEMENT

(1.) The instant revision petition, preferred under Article 227 of the Constitution of India, assails order dtd. 22/5/2025 (Annexure P-3) passed by the Court of Civil Judge (Jr. Divn.), Nakodar, District Jalandhar, vide which the defence of the petitioner (proforma defendant No.4) was struck off on account of non-filing of written statement.

(2.) The facts, as emanating from the revision petition, are that a civil suit for declaration and permanent injunction was filed by respondents No.1 and 2 against respondents No.3 to 5 and the petitioner (proforma defendant No.4) on 23/11/2023. The suit was accompanied by an application under Order 39 Rules 1 and 2 CPC (Annexure P-2). Petitioner put in appearance before the trial Court on 24/1/2025 and filed an application for setting aside ex parte order dtd. 3/10/2024, vide which she was proceeded against ex parte and the case was adjourned to 3/3/2025 for filing reply to the said application. The said application was allowed on the statement of the learned counsel for the plaintiffs that he would have no objection to the application being allowed and the petitioner-defendant No.4 was granted opportunity to contest the suit. The case was adjourned to 7/4/2025 for filing of the written statement on behalf of the petitioner-defendant No.4. Thereafter, the case was adjourned twice for the said purpose. Eventually, by way of the impugned order dtd. 22/5/2025, the defence of the petitioner-respondent No.4 was struck off on account of non-deposit of costs and non-filing of the written statement.

(3.) I have heard learned counsel for the petitioner.