SUSHIL DHILLON Vs. LAWRENCE SHOOL

JUDGEMENT

(1.) In view of the nature of order being proposed to be passed in the matter, no notice is required to be issued to proforma respondents No.3 and 4.

(2.) The petitioner is defendant No.2 in the civil suit filed by respondents No.1 and 2. Petitioner prayed for and was granted repeated opportunities to file her written statement. These opportunities were not availed by her. Vide order dtd. 18/11/2022, learned Trial Court permitted filing of written statement by the defendants including the present petitioner subject to cost of Rs.300.00. Even this opportunity was not availed by the petitioner. On 23/12/2022, last opportunity subject to further cost of Rs.200.00 was accorded to the defendants including the petitioner for filing the written statement. The matter was ordered to be listed for filing of written statement for 20/1/2023. On 20/1/2023, defendants No.1 and 3 paid cost imposed upon them and filed their written statements, however, on behalf of defendant No.2 further time was prayed for filing the written statement. An application in this regard was moved under Sec. 148 CPC. Learned Trial Court observed that sufficient time had already been granted to defendant No.2 for filing the written statement, hence, prayer was rejected and right of filing the written statement on behalf of defendant No.2 was struck off on 20/1/2023. The petitioner is before this Court against the order dtd. 20/1/2023.

(3.) I have heard learned counsel for the petitioner (defendant No.2) and learned counsel for respondents No.1 and 2 (plaintiffs).