SULAJEET SINGH Vs. KANSHI RAM

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, petitioner has challenged order dated 20.04.2019 passed by the Court of learned Senior Civil Judge, Shimla, in CMA No. 290 of 2019 and in CMA No. 226- 6 of 2018, vide which, learned Trial Court, while allowing the application filed by the defendants for extension of time for filing the written statement, dismissed the application filed by the plaintiff for striking off the defence of the defendants for not filing the written statement in time.

(2.) Brief facts necessary for the adjudication of the present petition are that the petitioners herein have filed a suit for declaration and injunction against the present respondents. This suit was initially filed before the Court of learned Civil Judge, Court No. 2, Rohroo, District Shimla, HP. The suit was instituted on 11.08.2017. After service, defendants appeared before the learned Court on 19.08.2017. On 21.08.2017, a request was made on behalf of the defendants before the learned Court below that they intended to file an application under Section 24 of the Code of Civil Procedure (hereinafter referred to as the 'Code' for short) for transfer of the case. Record demonstrates that an application under Section 151 of the Code for transfer of the case to the Court of learned District Judge, Shimla, was filed by the defendants before learned Civil Judge, Court No. 2, Rohroo, HP, which was dismissed on 19.09.2017 on the ground that power to transfer the case is vested with learned District Judge and the High Court under Section 24 of the Code. Record further demonstrates that simultaneously, an application under Section 24 of the Code for transfer of the case was also filed by the defendants before the Court of learned District Judge at Shimla. Record further demonstrates that on 23.6.2018, Court of learned Senior Civil Judge, Shimla passed an order, relevant part of which is quoted herein below:-

(3.) Thereafter, on 24.08.2018, the case was ordered to be listed by the said Court for 24.09.2018 for the filing of the written statement by the defendants. It is pertinent to mention that during the period the case was pending in the Court of learned Civil Judge, Court No. 2, Rohroo, defendants had been appearing in the said Court in person or through attorney as they were not able to engage any Counsel because no Counsel at Rohroo was willing to represent them in the Court, purportedly on account of influence of the plaintiffs.