BALOUR SINGH Vs. HAKAM SINGH

JUDGEMENT

(1.) THE present revision petition under Article 227 of the Constitution of India is directed against the order dated 13.2.2009 (Annexure P/1) passed by the learned Civil Judge (Junior Division)Moga, whereby the evidence of the petitioner -defendant has been ordered to be struck off for not filing the written statement. 2. Respondent -plaintiff Hakam Singh, on 9.12.2008, instituted a suit for recovery of Rs.2,62,500/ - against the petitioner -defendant on the basis of pronote and receipt dated 15.11.2006. On notice, petitioner -defendant put in appearance on 7.1.2009 and the case was adjourned to 21.1.2009 for filing of written statement and reply to the injunction application. On 21.1.2009 petitioner -defendant sought time to do the needful and the case stood adjourned to 31.1.2009, on which date again further time was sought for filing written statement and reply to the injunction application. The learned Trial Court accepted the request and case was ordered to be listed on 13.2.2009 for filing of the written statement and reply to the injunction application, subject to payment of Rs.200/ - as costs.