ANGOORI DEVI Vs. JAINENDRA GURUKUL PANCHKULA

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 27.11.2015 passed by the learned Civil Judge (Junior Division), Panchkula, vide which the order passed by the learned trial Court dated 06.12.2011 striking off the defence of the petitioner-defendant has been upheld.

(2.) Learned counsel for the petitioner contended that due to the negligence of the counsel for the petitioner in the trial Court, the written statement could not be filed within 90 days. The petitioner is an innocent lady. She engaged Sh.Suresh Rohila, Advocate and the entire facts were disclosed to him. He got her signatures on the papers to file the written statement. But, the written statement was not filed by the counsel within 90 days and the defence of the petitioner was struck off vide impugned order dated 06.12.2011. He contended that the said order was challenged in the revision before this Court. But, the said revision was dismissed as withdrawn with liberty to approach the learned trial Court to recall the order. The application filed by the petitioner to recall the order has also been dismissed by the learned trial Court vide impugned order dated 27.11.2015. He contended that great prejudice has been caused to the petitioner due to the impugned order. He contended that the provisions under Order 8 Rule 1 of Code of Civil Procedure, 1908 (for short CPC) are not mandatory. Thus, he pleaded that the petitioner should be granted one opportunity to file the written statement.

(3.) On the other hand, learned counsel for the respondent contended that number of opportunities were granted to the petitioner to file the written statement. But, when the written statement was not filed, her defence was struck off. He further contended that the revision filed by the petitioner against that order was also got dismissed as withdrawn. So, that order has attained finality and cannot be re-agitated in the present revision petition. He further contended that the impugned order was passed about five years back. The disposal of the suit has already been delayed.