Revision filed against order striking off defence for non-filing of written statement. Court granted one last opportunity to file written statement subject to payment of costs.
Revision disposed by granting one last opportunity to file written statement on or before 3.9.2009 subject to payment of Rs.5,000 costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.4565 of 2009 Date of Decision : August 13, 2009
Chet Ram and others
....Petitioners
Versus
Tulla and others
....Respondents
CORAM : HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr. Tapan Kumar, Advocate
T.P.S. MANN, J. (Oral)
Order passed by the trial Court on 26.3.2009 while striking off the defence of the defendants-petitioners has been challenged by them by filing the present revision under Article 227 of the Constitution of India. While passing the impugned order, learned trial Court observed that the defendants-petitioners had marked their presence on 6.5.2007 but no written statement had been filed. Though a request had been made for an adjournment for filing the written statement yet it could not be granted as a period of almost 2 ½ years had elapsed awaiting filing of the written statement.
Learned counsel for the petitioner has submitted that some of the defendants have not been served so far. In fact, out of the unserved respondents, two had already died and their legal
Civil Revision No.4565 of 2009 -2-
representatives have been brought on the record. The case is now pending before the trial Court for 3.9.2009 for service of the impleaded legal representatives. Non-filing of the written statement was on account of the wrong advise received by the petitioners that they need not to file the written statement till the service of all the defendants in the suit was complete. It is stated that the written statement on behalf of the defendants-petitioners is ready and in case one more opportunity is granted, it would be filed in the Court.
Without commenting on the merits of the stand taken on behalf of the petitioners but keeping in view the interest of justice, the present revision is disposed of by granting one last opportunity to the defendants-petitioners to file their written statement before the trial Court on or before 3.9.2009, subject to payment of Rs.5,000/- as costs.
Learned trial Court shall ensure that the costs so paid are disbursed to the plaintiff-respondent.
( T.P.S. MANN ) August 13, 2009 JUDGE satish
1 provisions across 1 enactments
Chet Ram and others
Tulla and others
T.P.S. Mann
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
