KASTURI LAL GANDHI Vs. PREM KISHORE

JUDGEMENT

(1.) This revision petition by Kasturi Lal and his two ether brothers is directed against the order dated 6th August, 1984, of the learned trial Court striking off of their defence.

(2.) The facts leading to the filing of the present petition lies in a narrow compass and may be stated thus :

(3.) Prem Kishore respondent of this revision petition had filed a suit for declaration to the effect that he was entitled to 1/4th share of the amount of Rs. 33,000/- deposited as fixed deposit by his mother. The present petitioners who are brothers of Preen Kishore were arraigned as defendants. On 7th May, 1984, the defendants did not file any written statement and made a prayer for adjournment. This prayer was granted by the learned trial Judge subject to payment of Rs. 10/- as costs. The case was adjourned to 25th May, 1984, for filing the written statement. The interim order passed by the trial Court on 25th May, 1984, reads as under :