UNION OF INDIA THROUGH THE GENERAL MANAGER NORTHERN RAILWAY BARODA HOUSE, NEW DELHI Vs. NATIONAL TEXTILES CORPORATION (DELHI, PUNJAB AND RAJASTHAN) LTD.

JUDGEMENT

(1.) THIS revision petition is directed against the order, dated May 20, 1988, passed by the learned Sub Judge 1st Class, Chandigarh, whereby the defence of the Defendant -Petitioner -Union of India, has been struck off

(2.) THE Plaintiff Respondent filed a suit against the Petitioner through the General Manager. Northern Railway, New Delhi, for the refund of the amount of over -charging on as many as 299 items of consignment which were mentioned in the Annexure appended with the plaint A copy of the plaint was served on the Petitioner but it was not accompanied by a copy of the annexure giving the details of these consignment. The first date fixed in the case was 25th February, 1986. On that date, the Presiding Officer was on leave and the case was adjourned to 16th March, 1988. It was after that date that a copy of the annexure was supplied to the counsel for the Petitioner No doubt, thereafter the matter was adjourned four times and ultimately, on 20th May, 1988, when the written statement was not filed, the defence of the Petitioner was struck off vide the impugned order.

(3.) CONSEQUENTLY , this revision petition is allowed without any order as to costs and the order of the trial Court, dated May 20, 1988, is set aside. The Defendant -Petitioner shall now be allowed to file its written statement subject to payment of Rs. 500/ - as costs.