KASHMIRI LAL AND OTHERS Vs. KAMAL NAYAN SHARMA

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 15.11.2016 (Annexure P-4) passed by the Civil Judge (Junior Division), Ludhiana, whereby, the defence of the petitioners has been struck off.

(2.) Briefly, the facts of the case as made out in the present revision petition are that the respondent-plaintiff filed a suit for possession under Section 6 of the Specific Relief Act for direction to the petitioners-defendants to restore his possession of shop in dispute and also for permanent injunction restraining them from demolishing, alienating or letting out the shop in dispute. After issuing notice in the civil suit, petitioners-defendants put in appearance but the written statement could not be filed. However, during the pendency of the civil suit, the petitioners-defendants filed an application under Order 7, Rule 11 CPC for rejection of the plaint, which was dismissed without seeking any reply and the trial Court also struck off the defence of the petitioners-defendants vide separate order dated 15.11.2016, which has been challenged by way of filing the present revision petition.

(3.) Learned counsel for the petitioners submits that the impugned order has been passed without any application of mind as the respondent-plaintiff has filed frivolous civil suit just to harass the petitioners. The application for rejection of plaint was filed by the petitioners but no reply was sought and the same was dismissed on the same day. Learned counsel further submits that the first suit filed by the respondent-plaintiff was withdrawn on 16.04.2016 and thereafter, the present suit was filed after a period of one month and no reason whatsoever was given as to how the second suit was maintainable. Learned counsel also submits that the approach of the trial Court was hyper technical while striking off the defence of the petitioners.