LAWS(HPH)-2016-5-213

RAJESH Vs. SHRI BUDHI RAM AND ANR.

Decided On May 17, 2016
RAJESH Appellant
V/S
Shri Budhi Ram And Anr. Respondents

JUDGEMENT

(1.) Respondents-plaintiffs are duly served, however, opted for not putting appearance.

(2.) Challenge herein is to the order passed on 12.1.2016, whereby learned Civil Judge (Senior Division), Theog, District Shimla has declined further opportunity sought for filing written statement by the petitioner herein (defendant in the trial Court) and ordered to strike off his defence.

(3.) The perusal of the impugned order reveals that learned trial Court taking note of the statutory period of 90 days, prescribed under Order 8, Rule 1 of the Code of Civil Procedure for filing written statement having already expired, has ordered to strike off the defence of the petitioner-defendant.