GURDEEP SINGH Vs. JOGA SINGH

JUDGEMENT

(1.) The prayer in the present revision petition is for setting aside impugned order dated 9.11.2016 passed by the Additional Civil Judge (Senior Division) Ambala, whereby the defence of the petitioner-defendant has been struck off and his prayer for grant of an opportunity for filing written statement has been declined.

(2.) Briefly, the facts of the case are that respondent-plaintiff-Joga Singh filed a civil suit seeking decree for possession by way of specific performance on the basis of agreement to sell dated 6.3.2012 notarized on 07.03.2012 on the ground that petitioner entered into an agreement to sell the house in dispute.

(3.) Notice in the suit was issued to petitioner-defendant but he could not be served for want of correct address. Again notice was issued but still service was not effected upon the petitioner. The petitioner appeared on 22.2016 and thereafter case was adjourned to 18.2016 for filing written statement. On the date fixed, counsel appearing on behalf of the defendant-petitioner sought time to file written statement. Thereafter, case was adjourned to 12.4.2016, 7.5.2016, 28.7.2016, 12.9.2016 and 21.10.2016 but no written statement was filed. On 21.10.2016, last opportunity was granted for filing written statement subject to payment of costs of Rs. 200.00 to be deposited with the Legal Aid. Thereafter, vide order dated 9.11.2016, the defence of the petitioner was struck off for not filing written statement which is subject-matter of challenge in the present revision petition.