MOHAN LAL Vs. RAJ SHARMA

JUDGEMENT

(1.) The present petition is directed against the order dtd. 26/10/2018, passed by the Civil Judge (Junior Division), Yamuna Nagar at Jagadhri (for short, the Trial Court), striking off the petitioners' defence on the ground that they had not filed the written statement within the mandatory period of ninety days of having putting in appearance before the Trial Court.

(2.) The facts, in brief, which are required to be noticed for adjudicating upon the present petition are that the respondent filed a suit seeking therein possession by way of partition by metes and bounds in respect of half share of her property detailed and described in the headnote of the plaint (for short, the suit property). Permanent injunction to restrain the petitioners/defendants from demolishing or changing the nature of the suit property was also sought.

(3.) On being put to notice, the petitioners, who were the defendants in the suit, appeared before the Trial Court on 1/4/2017 and thereafter the matter was adjourned thrice to enable the petitioners to file their written statement but they did not do so. On the third date i.e. 17/8/2017 the respondent filed an application under Order 8 Rule 1 CPC seeking therein an order of the Trial Court to preclude the petitioners from filing their written statement as they had failed to do so within the mandatory period of ninety days. Such application was allowed on 26/10/2018 and resultantly, the petitioners' defence was struck off. Such order is under challenge in the present proceedings.