MADHUBALA Vs. MURTI DEVI

JUDGEMENT

(1.) The challenge in the present petition is to the order dated October 30. 2006 passed by the learned Additional Civil Judge (Senior Devision), Jhajjar whereby defence of petitioner/defendant No. 2 was strick off.

(2.) For the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondents as the same would unnecessarily delay not only disposal of the present petition but the suit as well.

(3.) Learned counsel for the petitioner/defendant No. 2 submitted that respondent No. 2/plaintiff filed the suit for specific performance on february 7, 2006 and till date respondent no.1/defendant no. 1 has not been served and respondent no. 3/defendant no.3 had not filed her written statement so far. He submitted that in case one opportunity is granted to petitioner/defendant No.2, she will file written statement on the next date fixed by the trail court i.e. December 6, 2007.