M/S. VIDEOCON D2H LTD Vs. SHARVAN KUMAR

JUDGEMENT

(1.) Petitioners-defendants have assailed order dated 28.1.2016 passed by Additional Civil Judge (Sr. Divn.) Fatehabad whereby their defence was struck off on account of non filing of written statement within a period of 90 days. The application under section 151 CPC for grant of an opportunity to file written statement was also dismissed vide order dated 8.4.2015.

(2.) Perusal of the record shows that on 25.8.2015, memo of appearance on behalf of the defendants was filed by one Yogesh Gupta, Advocate and the case was adjourned to 23.10.2015. Same thing was repeated on the adjourned date and case was further adjourned to 7.12.2015. Memo of appearance was again filed by Yogesh Gupta, Advocate without filing the power of attorney and the case was adjourned to 28.1.2016 subject to payment of cost of Rs. 500/-. On 28.1.2016, defence of the defendants was struck off on account of non filing of written statement within a period of 90 days. Apparently, Yogesh Gupta, Advocate did not file any power of attorney on any of the occasion i.e. 25.8.2015, 23.10.2015, 7.12.2015 and 28.1.2016.

(3.) Learned counsel for the petitioners submitted that in fact Mr.Mohit Sachdeva, Advocate from Karnal was engaged by the defendants to represent their cause before the Court at Fatehabad. Aforesaid Mohit Sachdeva instructed Yogesh Gupta, Advocate to appear on his behalf. No power of attorney was available with Yogesh Gupta, Advocate on any of the date of hearing as mentioned above. On 28.1.2016, written statement was ready with Mr. Mohit Sachdeva, Advocate, but he could not attend the Court on account of some personal difficulty. On 23.2.2016, written statement was filed along with an application seeking an opportunity for filing the written statement. The indulgence was not shown by the Court and order dated 8.4.2015 was passed.