DEV KUMARI Vs. TILU RAM

JUDGEMENT

(1.) Having regard to the nature of the order proposed to be passed in the instant proceedings, this court sees no necessity to issue notice to the respondent because in the event of notice being issued to him, he would be unnecessarily compelled to engage lawyer to defend him in the case, which can be otherwise disposed of on the basis of material already available on record.

(2.) Being aggrieved and dissatisfied with order dtd. 28/10/2022, passed by the learned Civil Judge (Sr. Div.) Rampur Bushahr, District Shimla, Himachal Pradesh, whereby right to file the written statement came to be closed, petitioner defendant has approached this court in the instant proceedings, filed under Article 227 of the Constitution of India, praying therein to set-aside aforesaid order.

(3.) Though having heard learned counsel for the parties and perused material available on record vis-'-vis reasoning assigned in the order impugned in the instant proceedings, there appears to be no illegality or infirmity in the impugned order because bare perusal of the same reveals that despite sufficient opportunity petitioner -defendant failed to file written statement, however, having taken note of the explanation rendered in the application qua the delay in filing the written statement, this court without going into the correctness of the order impugned in the instant proceedings, deems it fit to grant one last opportunity to the petitioner-defendant for filing written statement subject to payment of costs.