TEJA SINGH Vs. JAGTAR @ TARI AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 15.03.2017 passed by the Civil Judge (Junior Division), Phillaur, whereby, the defence of the petitioner-defendant has been struck off.

(2.) Briefly, the facts of the case are that the plaintiffs-respondents filed a suit for recovery of Rs. 50,000/- as compensation and damages on account of alleged malicious prosecution for causing illegal harassment, mental tensions and agony, loss of business and loss of reputation in the society at the hands of the defendant due to lodging of FIR No. 236 dated 08.12.2012 at Police Station Phillaur, Jalandhar. After trial in the said FIR, the plaintiffs-respondents were held guilty vide judgment dated 12.04.2016 passed by the trial Court but they were released on probation. The plaintiffs-respondents averred in the suit that the prosecution launched against them was false and frivolous as the averments were proved wrong by the judgment. On receiving summons in the suit, defendant-petitioner appeared and thereafter, a lawyer was engaged to contest the case, who filed power of attorney and sought time to file reply. The petitioner was asked by the lawyer to get certified copy of judgment dated 12.04.2016, which was handed over to the Clerk of the counsel but the same was not handed over to the counsel by the Clerk. Again time was sought to file written statement and the defence of the petitioner was struck off vide order dated 15.03.2017, which is subject matter of challenge in the present revision petition.

(3.) Learned counsel for the petitioner submits that the written statement could not be filed as necessary documents were not handed over by the Clerk to the counsel whereas those documents were supplied by the petitioner. Learned counsel further submits that those documents were necessary for filing written statement and the petitioner should not suffer due to fault of Clerk of the counsel. Learned counsel also submits that only one opportunity is required for filing written statement and the petitioner is ready to compensate the other party in monetary terms.