GURDAYAL SINGH ARORA Vs. DARSHANA ARORA

JUDGEMENT

(1.) The present petition directs challenge against order dated 26.04.2017 whereby defence of the petitioner has been struck off for want of filing of written statement.

(2.) Counsel for the petitioner has submitted that the respondent filed an application under section 125 of the Criminal Procedure Code, 1973 (in short 'Cr.P.C.') on 21.11.2016 in which notice was issued for 20.01.2017. On that date, summons issued for service of the petitioner were not received back and the case was adjourned to 26.04.2017. Later, on that day, the petitioner appeared in person, his presence was marked and the case was adjourned to 26.04.2017 for filing of Power of Attorney, written statement and reply to the application for interim maintenance. On 26.04.2017, Sh. Jaspal Singh Gandhi, Advocate, appeared on behalf of the petitioner, filed the Power of Attorney and requested for a date for filing of the written statement but the District Judge, Family Court, Karnal struck off defence of the respondent and the case is now fixed for 05.06.2017.

(3.) I have heard counsel for the petitioner, perused the paperbook particularly zimini orders dated 20.01.2017 and 26.04.2017.