RAJEEV SHARMA Vs. SHIV KUMAR

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 07.11.2013, passed by the learned Civil Judge (Junior Division), Ludhiana, whereby the defence of the petitioner-defendant was struck off.

(2.) Learned counsel for the petitioner contended that four suits for specific performance of agreement were filed against the petitioner in civil Court at Ludhiana and were clubbed together. A criminal case was also registered against the petitioner under Section 381 of Indian Penal Code at Police Station Focal Point, Ludhiana at the instance of his former employer. The petitioner had moved various representations to the authorities for justice and proper investigation of the case. He was waiting the findings of the authorities, so he could not file the written statement and his defence was struck off in all the cases. Thereafter, he moved civil revision before this Court. But, due to some inadvertent mistake, the impugned order passed in civil suit no. 15968 of 2013 titled as 'Shiv Kumar Vs. Rajeev Sharma', could not be challenged. He contended that the petitioner may be granted one opportunity to file the written statement.

(3.) On the other hand, Mr. R.S.Randhawa, Advocate, learned counsel for the respondent-plaintiff contended that the suit has reached at the argument stage. The evidence of the plaintiff-respondent has already been concluded in the presence of the petitioner. The impugned order was passed on 07.11.2013. The present revision petition has been filed on 05.02.2016 i.e. after more than two years and three months even though the petitioner was fully aware of the impugned order as he has challenged the orders passed on the same date in other connected civil suits. He contended that the plea raised by learned counsel for the petitioner that the impugned order could not be challenged inadvertently carries no substance as all the four cases were clubbed together and that the petitioner is contesting the suits. Thus, he contended that the present revision petition has only been filed to prolong the case.