ARCHANA SHARMA Vs. BRAHAM KUMAR

JUDGEMENT

(1.) Petitioners have challenged the order dtd. 3/8/2018 passed by Civil Judge (Junior Division), Ludhiana vide which defence of defendants No.1 and 2/petitioners was struck off and order dtd. 25/10/2018 vide which application filed by the petitioners for recalling the order dtd. 3/8/2018 was dismissed.

(2.) Perusal of the record would show that amended written statement was required to be filed on 22/1/2018. The same was not filed despite number of adjournments. On 24/4/2018, last opportunity was granted to file amended written statement subject to payment of costs of Rs.500.00 and the case was adjourned to 7/5/2018. On 7/5/2018, neither the amount of cost(s) was paid, nor the needful was done in the context of filing amended written statement. Still last and final opportunity was granted to defendants No.1 and 2/petitioners to file the amended written statement on 22/5/2018. Even on 22/5/2018, amended written statement was not filed. Last opportunity was again granted to file the amended written statement subject to further cost(s) of Rs.500.00. Neither the cost(s) was paid on the adjourned date, nor the amended written statement was filed. Last opportunity was again granted to defendants No.1 and 2/petitioners to file amended written statement on 25/7/2018. On 25/7/2018, neither the amended written statement was filed, nor the earlier amount of cost(s) was deposited. Further last opportunity was granted subject to further cost(s) of Rs.1000.00, failing which the defence of the defendants was to be struck off. It was held that the payment of cost(s) was the condition precedent for further proceedings.

(3.) Perusal of the record would show that conditional order was not complied with and the defence of defendants No.1 and 2/petitioners was struck off vide order dtd. 3/8/2018. The application for recalling the order dtd. 3/8/2018 was also dismissed by taking into consideration the aforesaid attending facts and circumstances of the case.