RAJENDER Vs. ISHWAR SINGH

JUDGEMENT

(1.) A perusal of the record would show that the petitioner had appeared before the trial Court on 18.09.2017 and thereafter, the case was adjourned on number of occasions for filing written statement and for filing reply to the injunction application. Vide order dated 02.12.2017, even an amount of Rs.500/- was imposed towards cost(s) for non-filing of the written statement. The said amount was not paid by the 1 of 3 defendant and he was proceeded against ex parte, vide order dated 02.02.2018. The ex parte proceedings were set aside on the basis of no objection shown by the learned counsel for the plaintiff, however, subject to cost(s) of Rs.700/- to be paid to the plaintiff. The case was adjourned for 07.08.2018 for filing written statement and reply to the injunction application by the defendant. The needful was not done even thereafter nor the amount of cost(s) was paid by the defendant till the date i.e. 15.10.2018 on which the defence of the defendant-petitioner was struck off.

(2.) On 10.05.2019, the case was adjourned by this Court as learned counsel for the petitioner wanted to bring on record the necessary material to show that amount of cost(s) was duly paid by the petitioner. Today, he has produced the receipt dated 24.05.2019 in a sum of Rs.700/- which was received by the Sub Divisional Legal Services Authority, Gannaur. There is no reference of the payment of amount of Rs.500/-, which was earlier imposed by the defendant-petitioner.

(3.) A perusal of the record would also show that receipt dated 24.05.2019 is just an effort to create evidence after passing of order dated 10.05.2019 by this Court.