LAWS(P&H)-2025-1-5

RAJ KUMAR Vs. JASWANT SINGH

Decided On January 09, 2025
RAJ KUMAR Appellant
V/S
JASWANT SINGH Respondents

JUDGEMENT

(1.) The petitioners assail the order dtd. 21/10/2024 (Annexure P-8) passed by learned Court of Civil Judge (Jr. Divn.), Kalka, vide which the defence of the petitioners (defendants) was struck off on account of the written statement not having been filed.

(2.) A suit for permanent injunction restraining the petitioners (defendants) from encroaching, blocking the passage/rasta, referred to in the plaint, was filed by the respondent-plaintiff.

(3.) Notice in the said suit was issued on 15/9/2023 (Annexure P-2) for 19/9/2023. The petitioners-defendants put in appearance before the trial Court on 19/9/2023 but despite repeated opportunities did not file the written statement. Ultimately, vide the impugned order dated 21.10.2024, the defence of the petitioners having been struck off.