BEANT SINGH Vs. DILBAG SINGH

JUDGEMENT

(1.) The petitioner/defendant is aggrieved by an order dated 19.02.2018 (Annexure P-1), passed by the Civil Judge (Jr. Divn.), Samana, vide which, his defence has since been struck off, for, not filing the written statement within the statutory period of 90 days.

(2.) Learned counsel for the petitioner submits that the petitioner/defendant had caused appearance for the first time on 29.11.2017, before the trial Court, and the matter was adjourned to 8.1.2018, for filing of the written statement. As no written statement was filed on the adjourned date, the matter was further adjourned to 19.02018. But as despite last opportunity the petitioner/defendant failed to file the written statement within the statutory period of 90 days his defence has since been struck-off, vide impunged order dated 19.02018. It is urged that the period of 90 days, as referred to above, was not yet over from the date the defendant had caused appearance before the trial Court on 29.11.2017. Thus, the observation recorded by the trial Court in this regard is erroneous. Nevertheless, the suit was filed on 8.9.2017, and hardly any time had lapsed.

(3.) I have heard learned counsel for the petitioner and perused the record.