SUMAN JOSHI Vs. SUNITA RANI

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside the impugned order dated 01.07.2016 passed by the Civil Judge (Junior Division), Ludhiana, whereby, the defence of the petitioner has been struck off.

(2.) Briefly, the facts of the case are that plaintiff-respondent No.1 filed a suit for declaration stating that the memorandum of family settlement dated 04.05.2013 was legal, valid and binding between the parties. The suit was contested by the defendant and thereafter, vide order dated 01.07.2016, the defence of defendant No.2/petitioner was ordered to be struck off which is subject matter of challenge in the present petition.

(3.) Learned counsel for the petitioner submits that defendant No.2- petitioner appeared before the trial Court in person on 20.02.2016 and thereafter, the case was adjourned for 29.02.2016 for filing written statement. Thereafter, repeated adjournments were sought on 15.02016 and 18.04.2016 for filing the written statement and ultimately, on 01.07.2016, the defence of petitioner/defendant No.2 was struck off for want of written statement.