LALIT KUMAR AND ANOTHER Vs. KAMLESH RANI

JUDGEMENT

(1.) Challenge in the revision petition is to order dated 17.07.2017, passed by the learned Addl. Civil Judge (Senior Division), Ambala, in Civil Suit No.CS/109/2016 striking off the defence of the defendants-petitioners.

(2.) Brief facts of the case leading to the filing of the revision petition are that the defendants-petitioners put in appearance before the learned trial Court on 05.02.2016 whereupon the case was adjourned to 04.03.2016 for effecting service of defendant No. 2. Thereafter on 27.04.2016, power of attorney was filed on behalf of the defendants-petitioners and the case was adjourned to 19.05.2016 for filing of written statement. However, on 19.05.2016, the written statement was not filed and on request the case was adjourned to 12.07.2016 and thereafter to 01.09.2016 for filing of the written statement. On 01.09.2016, the defendants-petitioners did not put in appearance, therefore they were proceeded ex-parte.

(3.) Application moved for setting aside ex-parte proceedings dated 01.09.2016 was allowed vide order dated 15.11.2016 subject to payment of costs of Rs. 200/- and the case was adjourned to 03.02.2017 for filing of written statement while making it clear that only one opportunity would be given for filing of the written statement by way of last opportunity. However, on 03.02.2017, the written statement was not filed nor costs of Rs. 200/- paid. In the circumstances, by way of one more last opportunity the case was adjourned to 18.04.2017 for filing of written statement subject to payment of costs of Rs. 300/- i.e. Rs. 200/- imposed vide order dated 15.11.2016 and Rs. 100/- imposed vide order dated 03.02.2017.