GOPAL SOAP INDUSTRIES Vs. LUXMI ENTERPRISES

JUDGEMENT

(1.) This revision petition has been filed against the order dated 25/10/2005 passed by the learned Civil Judge (Junior Division), Ludhiana whereby the ex parte decree passed against the petitioner on 1/8/2003 has been set aside.

(2.) Heard learned counsel for the parties. Learned counsel for the petitioner has submitted that the petitioner may be granted an opportunity of filing the written statement. This, however, has been disputed by the learned counsel for the respondent by stating that the defence of the petitioner was struck off by the learned trial Court on 7/8/2002 and he has not challenged the said order dated 7/8/2002. In the circumstances, the defendant-petitioner, it is contended, has rightly been relegated to the stage at which he was on 1/8/2003 and he can cross-examine the witnesses of the plaintiff who were examined on the said date.

(3.) After giving my thoughtful consideration to the matter, it may be noticed that the petitioner indeed has not challenged the order dated 7/8/2002 whereby his defence was struck off. Therefore, in the absence of challenge to the said order, it would be inappropriate for this Court to allow him to file written statement. Learned counsel for the petitioner, however, submits that he may be granted permission to approach the trial Court for recalling the said order dated 7/8/2002 so as to enable the defendant-petitioner to file his written statement. In my view, it is for the petitioner to seek whatever remedy he deems appropriate so as to enable him to file written statement.