INDUS TOWERS LTD Vs. MANOJ KUMAR

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 22.03.2016 passed by the learned Civil Judge (Jr. Division), Jhajjar, vide which the defence of the petitioner-defendant has been struck off.

(2.) Learned counsel for the petitioner contended that the written statement was duly prepared by the office of the petitioner-company at Mohali. However, the same got delayed by sending through courier to Jhajjar. So, the defence of the petitioner was struck off on the ground that period of 90 days has elapsed. He further contended that counsel for the petitioner moved an application for passing the order on the same date i.e. 22.03.2016 on receiving the print out. But, the same was disallowed by the learned trial Court. Thus, he contended that one opportunity may be given to the petitioner to file the written statement.

(3.) On the other hand, learned counsel for the respondent contended that the petitioner-defendant has not filed the written statement in-spite of availing sufficient opportunities. The period of 90 days had already expired. So, the learned trial Court was fully justified to struck off the defence of the petitioner.