RAJ KUMAR Vs. RATI RAM

JUDGEMENT

(1.) THE defendant Raj Kumar has filed this petition under Article 227 of the Constitution of India for setting aside the Orders dated 18.10.2002 vide which his defence was struck off because of non-filing of the written statement within the time granted and dated 24.12.2003 passed by the Civil Judge (Jr. Division), Karnal vide which his application for recalling the said order has been dismissed.

(2.) IN the suit for declaration and permanent injunction filed by respondent No. 1, the petitioner was served through Munadi on 19.9.2002. On that date, he appeared through his Advocate and the case was adjourned for 11.10.2002 for filing of the written statement. On that date, written statement was not filed on behalf of the petitioner and on request the case was again adjourned for 16.10.2002 for filing the written statement. On that date, again a request was made for filing the written statement and the case was adjourned for 18.10.2002 for the said purpose and last opportunity was granted. On the extended date i.e. 18.10.2002, the written statement was not filed on behalf of the petitioner and again a request for adjournment was made. The said request was declined since that was the last opportunity and the defence of the petitioner was struck off for non-filing of the written statement under Order 8 Rule 1 C.P.C. Immediately, on the next date, the petitioner filed an application for recalling of the said order, and for giving him permission to file the written statement. The said application was also dismissed vide order dated December 24, 2003.

(3.) HENCE , this petition is allowed and the impugned orders dated 18.12.2002 and 24.12.2003 passed by the Civil Judge (Junior Division), Karnal are set aside the petitioner is granted one month time to file the written statement subject to payment of costs of Rs. 500/-. Petition allowed.