STATE OF HARYANA AND OTHERS Vs. ASHOK KUMAR

JUDGEMENT

(1.) The present petition has been directed against the orders dated 03.08.2015 (Annexure P3) and dated 05.11.2015 (Annexure P6) passed by the Civil Judge (Junior Division) Sirsa, striking off defence of petitioners No. 1 and 2 and dismissal of an application seeking permission to deposit Rs.1,600.00 imposed as costs for non-filing of the written statement.

(2.) Counsel for the petitioners would contend that due to some misunderstanding that written statement was to be filed only by petitioners No. 3 and 4, written statement on behalf of petitioners No. 1 and 2 was not filed though a number of opportunities were given by the trial Court for the purpose. It is further submitted that petitioners No. 3 and 4 have already filed their written statement but defence of petitioners No. 1 and 2 has been struck off for want of filing of the written statement and payment of costs. It is further submitted that the respondent/plaintiff can well be compensated with costs for delay attributable to the petitioners in submitting their defence when otherwise, they are ready to deposit the costs imposed by the trial court and the costs, if any, assessed by this Court. The petitioners would file their written statement in case they are provided with one effective opportunity. The trial has not progressed any further as no witness has been examined by the plaintiff/respondent.

(3.) Keeping in view the nature of the order to be passed, the petition is being disposed of without notice to the respondent but he would be at liberty to file an appropriate application in case he has any grievance to express.