NAMITA AND ANOTHER Vs. CHARANJIT SINGH AND OTHERS

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 15.12.2015 passed by the learned Additional Civil Judge (Senior Division), Phagwara, vide which the defence of the petitioners has been struck off.

(2.) Learned counsel for the petitioners contended that the petitioners could not file the written statement within time as they were away to Rajasthan as their family member was ill. Though their counsel had prepared the reply but the same could not be signed. He further contended that the valuable rights of the petitioners are involved in the present suit. They may be granted one opportunity to file the written statement.

(3.) On the other hand, learned counsel for the respondent No.1 contended that the petitioners have availed number of opportunities to file the written statement. Even the costs were imposed and last opportunity was granted. Thereafter, their defence was struck of. He further contended that no reasonable explanation has been given as to why the written statement could not be filed by the petitioners in the trial Court within the period of 90 days. Thus, he pleaded that there is no illegality in the impugned order.