MUKHTAJ SINGH Vs. S PRITHVIPAL SINGH

JUDGEMENT

(1.) Challenge in the present petition is to the order passed by the Civil Judge (Jr. Divn.), Amritsar dated 19.11.2009 whereby application filed by respondent no.1/plaintiff under Order 8 Rule 1 CPC for striking off defence of petitioners/defendants on account of the non-filing of written statement within the prescribed period was accepted.

(2.) Learned counsel for the petitioners submitted that though there is some delay in filing of written statement by the petitioners, however, considering the fact that the same was already filed before the order was passed it should have been taken on record. For any delay in the process, the respondent no.1/plaintiff could be compensated with cost.

(3.) After hearing learned counsel for the petitioners, I do not find any merit in the submission made. The facts of the case as mentioned in the impugned order by the learned court below clearly establish that the effort of the petitioners/defendants was somehow to delay the proceedings of the case and not file written statement within the period prescribed. The petitioners in the present case had put in appearance on September 05, 2008. Written statement was filed on October 12, 2009. In between, petitioners filed one application under Order 7 Rule 14 CPC then under Order 7 Rule 11 CPC and thereafter one application was filed for admission and denial of cancellation of agreement. The plea was sought to be raised that when the applications had not been decided, the petitioners could not file the written statement. However, it is not in spirit of Order 8 Rule 1 CPC. It is not a case simplicitor where the written statement was not filed in 90 days and was filed immediately thereafter with few days delay. Rather the filing of repeated applications clearly shows the conduct of the petitioners. Once it is found from the record of the case that the delay in filing of the written statement was deliberate attempt, I do not find any justification to grant opportunity to the petitioners to file written statement belatedly or directing the learned court below to take the written statement already filed before the passing of the order, on record. Dismissed.