SWARANJEET KAUR Vs. DARSHAN SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 9.1.2017 passed by the Additional Civil Judge (Senior Division), Guhla whereby the defence of the petitioner-defendant has been struck off and his prayer for grant of opportunity for filing written statement has been declined.

(2.) Briefly, the facts of the case, as made out in the present revision petition, are that respondent-plaintiff filed a suit for possession by way of specific performance on the basis of agreement to sell dated 13.12.2012. The respondent-plaintiff also sought a decree for permanent injunction restraining petitioner-defendant from alienating the suit land to any other person.

(3.) Notice in the suit was issued to petitioner-defendant and she appeared in person on 12.9.2016. The case was adjourned to 29.9.2016 for filing written statement. Subsequently, the petitioner-defendant engaged a counsel to appear on her behalf but her counsel did not appear on 29.9.2016. The trial Court proceeded her against ex parte. On 17.12.2016, petitioner-defendant filed an application for setting aside ex parte order dated 29.9.2016 which was allowed by granting opportunity to the petitioner-defendant for filing written statement and the case was adjourned to 9.1.2017. On that date also, counsel for petitioner-defendant requested for grant of one more opportunity to file written statement but no written statement was filed and her defence was struck off vide impugned order dated 9.1.2017, which is subject-matter of challenge in the present revision petition.