BALWINDER SINGH Vs. TEJA SINGH AND OTHERS

JUDGEMENT

(1.) The present revision petition challenges the order dated 9th March, 2005 vide which an application filed by the petitioner-defendant No. 1 to place on record the written statement, has been rejected.

(2.) A reading of the order would show that out of the 5 defendants in the suit, the other 4 being defendants 2 to 5 have been proceeded ex parte and the remaining defendant No. 1 i.e. petitioner in the present revision petition, filed an application seeking permission to file the written statement on the ground that he being an illiterate person could not file the same within the stipulated period of 90 days. He contended that he was totally unaware of the fact that written statement was to be filed within 90 days. While examining the application for placing on record written statement of defendant No. 1, the learned Additional Civil Judge (Sr. Divn.) made mention of an order dated 12th Nov., 2003 passed him whereby after noticing that Shri G.S. Sandhu Advocate had appeared on behalf of the petitioner and had filed a power of attorney but had neither filed written statement nor sought extension of time to file written statement. Therefore, the case was adjourned to 22 April, 2004 for the evidence of the plaintiff. It was further noted by the learned Judge that as there was no request even in the present application for recalling of the order dated Nov. 12, 2003 and as such the said order had attained finality. The Court could not allow the present application thereby allowing filing of the written statement by defendant as it would amount to review of its own order.

(3.) Today, during the course of hearing learned counsel for the petitioner contends that the suit was instituted about three years back and the proceedings are still at preliminary stage. On the other hand, learned counsel for the respondents contends that the petitioner-defendant is delaying the adjudication of the suit. Moreover, there is no justification to allow him to file a written statement as the same required to be filed within the stipulated period of 90 days.