GURCHARAN SINGH Vs. HIMMAT KUMAR

JUDGEMENT

(1.) The defendant has filed this petition under Article 227 of the Constitution of India for setting aside the Order dated 17.4.2004 passed by the Additional Civil Judge (Sr. Division). Sangrur vide which his defence has been struck off for non-filing of the written statement within the stipulated period of 30 days as provided under Order 8 Rule 1 C.P.C.

(2.) Counsel for the petitioner submitted that in this case the plaintiff Himmat Kumar has filed a suit for declaration challenging the sale deed dated 18.5,1999 vide which the land in dispute was purchased by the petitioner from defendants No.2 and 3. After notice, the defendants put appearance in the suit on 24.3.2004 and the case was adjourned for 12.4.2004 for filing of the written statement. The case was taken up on 10.2.2004 and adjourned for 17.4.2004 as the Presiding Officer was to go on leave on 12.4.2004. On 17.4.2004, the defence of the petitioner was struck off as the written statement was not filed within 30 days of the service of the summons. Immediately, after passing of the said order, the petitioner moved an application seeking permission to file the written statement on the grounds that the Presiding Officer was on leave on 12.4,2004 and on 13.4.2004 and 14.4.2004 it was holidays, therefore, written statement could not be filed. It was stated that the defendants were served on 12.3.2004. They appeared on 24.3.2004. On that date, the case was adjourned for 12.4.2004 for filing written statement. But, they could not file the written statement as the case was taken up on 10.4.2004, and the same was adjourned for 17.4.2004, and as such, the written statement could not be filed within 30 days i.e. up to 12.4.2004. On 17.4.2004, a request was made that the written statement is ready and the defendants be permitted to file the written statement by extending the time. The said application was also dismissed on the same date itself i.e. 17.4.2004. Hence this petition.

(3.) I have heard the counsel for the parties.