BHIMA RAM Vs. SYNDICATE BANK LTD.

JUDGEMENT

(1.) The present petition has arisen out of order as passed by Learned Senior Civil Judge, Mandi, District Mandi, H.P. dtd. 10/12/2025, whereby the right to file written statement on behalf of the petitioner has been closed. The petitioner has challenged the said order on the ground that the order in question is not legal and valid and the same has been passed in haste.

(2.) Learned counsel for the petitioner has taken this Court to the order sheets of the learned Senior Civil Judge, Mandi. On 25/6/2025, the application filed by the defendant/petitioner under Order 9 Rule 7 CPC for setting aside the ex parte order dtd. 9/12/2021 was allowed, subject to the payment of costs of Rs.1,000.00 and thereafter the case was posted on 13/8/2025 with direction to the defendant/petitioner to file the written statement. On 13/8/2025, again time was sought by the petitioner for payment of costs and for filing of the written statement. The prayer of the petitioner was accepted and the case was posted on 15/9/2025 and it was ordered that previous order shall be complied with. Again on 15/9/2025, time was sought by the petitioner for payment of costs and for filing written statement and consequently the case was posted on 10/12/2025, on which date the right of the present petitioner was closed.

(3.) Learned counsel for the defendant/petitioner submits that one last and final opportunity may be granted to him to file the written statement and to pay the costs of Rs.1,000.00, which was imposed upon his client vide order dared 25/6/2025.