CHUNI LAL CHOWDHRY Vs. BANK OF BARODA

JUDGEMENT

(1.) THIS revision is directed against an order passed by the Sub Judge, Judge Small Causes Court, Srinagar, on 24-11- 1980, striking out the defence. The order followed the defendants' failure to file the written statement despite the fact that they were given several opportunities to do so. The effect of the order clearly is not only to prevent the defendants from filing the written statement but also to disable them from taking part in the proceedings. The question is whether a court is competent to make such order upon the defendant's failure to file the written statement within the time prescribed by it.

(2.) IN Sangram Singh v. Election Tribunal, Kotah, AIR 1955 SC 425, it has been observed:

(3.) APPLYING the principles stated above, to the present case, the trial court was not clearly justified in passing the order that it did. The court has acted with undue haste. The order is not sustainable and must be set aside leaving it open to the trial court to makes fresh orders in accordance with law.