AJAY BHARDWAJ Vs. JYOTSNA

JUDGEMENT

(1.) In this case, notice of motion was issued. However, as per office report, respondents were not found residing at the given address.

(2.) Since matter in issue is small and can be disposed of even in absence of the plaintiffs-respondents, therefore, I have taken up this case for final disposal.

(3.) Application filed by the defendant for permission to amend the written statement was allowed by the impugned order. The case was adjourned for filing amended written statement, however, amended written statement was not filed with the prescribed time. Defendant in the meantime changed his counsel. New counsel filed 'Vakalatnama' and sought adjournment. The Court struck off the defence of the defendant on the ground that more than 90 days have expired. Such an order is wholly uncalled for. Defence of the defendants could not be struck off on this ground and at most the opportunity of the defendants to file amended written statement could be closed.