GANDHRU AND OTHERS Vs. HANIFA

JUDGEMENT

(1.) This petition is instituted against the order dated 24.2.2015, rendered by the learned Civil Judge (Jr. Divn.), Chamba, H.P. in Civil Suit No. 195 of 2014.

(2.) Key facts, necessary for the adjudication of this petition are that the respondent filed a suit for permanent prohibitory injunction and possession with a prayer to restrain the petitioners from interfering and causing nuisance and damage to the suit property, as detailed in the plaint. The petitioners counsel appeared on 5.12.2014. The Written Statement was ordered to be filed by 24.2.2015. The petitioners could not approach their Advocate due to heavy snowfall in Churah valley. The learned trial Court closed the right to file written statement on 24.2.2015.

(3.) The learned Civil Judge (Jr. Divn.), Chamba, H.P., has taken a very hyper-technical view while passing orders dated 24.2.2015. The period of 90 days can be enlarged to file the reply/written statement in the interest of justice, more particularly, when it was merely impossible for the petitioners to approach their Advocate.