INDER DEV SHARMA Vs. PUNJAB STATE

JUDGEMENT

(1.) This order will dispose of Civil Revision Nos. 1003 and 1021 of 1986 as common question of law arises therein.

(2.) The plaintiff had filed a suit against the State of Punjab. In spite of putting in appearance, the Government Pleader sought large number of opportunities to file the written statement which extended beyond two months from his first appearance before the trial Court. In Civil Revision No. 1003 of 1986 last adjournment was granted by the trial Court on 3rd January, 1986, for filing the written statement on 10th January, 1986. Till 3rd January, 1986, the plaintiff or his counsel did not object to the grant of adjournment and it was on 4th January, 1986 that an application was filed for striking off the defence. On 10th January, 1986 written statement was filed and hence it is a clear case that the plaintiff waived the objections. In Civil Revision No. 1021 of 1986, 17th February, 1986 was the last date for filing the written statement and on that date the written statement was filed. The plaintiff took objection in writing on 17.2.1986 and since the written statement was filed on that day the objection was overruled.

(3.) Accordingly in both the Revision Petitions the plaintiffs waived their right to strike off the defence of the State.