PARVEEN KUMAR Vs. NISHA GUPTA

JUDGEMENT

(1.) Perusal of the impugned order would show that the defence of the defendants-petitioners was struck off for want of written statement and payment of cost(s). The cost(s) imposed was not paid despite grant of last opportunity. Written statement was not filed nor the amount of cost(s) was paid on the date of passing of impugned order.

(2.) Learned counsel for the petitioners submitted that previous amount of cost(s) was paid/deposited on 10.08.2018 and the same was received without any protest by the plaintiff, however, written statement filed by the petitioners was kept in abeyance due to striking off the defence of the petitioners vide impugned order dated 17.07.2018.

(3.) Admittedly, the amount of cost(s) was not paid as on the date of passing of impugned order. In the event of non- payment of cost(s) further prosecution or the defence could not be allowed by the Court.