Manjit Singh vs Ajaib Singh

Daya Chaudhary, J.

C.M. No. 10375-CII of 2013

This is an application for placing on record the affidavit of the petitioners. Civil Misc. Application is allowed and affidavit of the petitioners is taken on record.

C.R. No. 2541 of 20/3

The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the Order dated 19.11.2012 passed by the Civil Judge (Junior Division), Patiala, vide which, the defence of the petitioners had been struck off.

Learned counsel for the petitioners submits that the stay application filed by the plaintiff-respondents was pending consideration and the petitioners were under bona fide impression that the application was to be considered first and then they are to file the written statement. Learned counsel also submits that still the application is pending consideration and there is no delay on the part of the petitioners and no prejudice would be caused to the respondents, in case, the petitioners are allowed to file written statement. Learned counsel also submits that the application filed by the plaintiff-respondents was pending for consideration and hence, the reply could not be filed and only because of that reason, the defence of the petitioners has been struck of, whereas, the written statement is necessary to solve the controversy in the suit. Learned counsel also submits that a great prejudice would be caused to the petitioners, in case, they are not allowed to file the written statement.

I have heard the arguments of learned counsel for the petitioners and have also perused the impugned Order as well as zimini Orders on record.

Admittedly, the suit is pending for consideration of stay application. Although the written statement was to be filed and the petitioners could not file the same and thereafter, even without taking any decision on the stay application, the defence of the petitioners has been struck of only on the ground that no written statement was filed. Non-filing of written statement has not caused any prejudice to the other party and no delay has been caused in any manner. The written statement of the petitioners would be necessary in the decision of the issue pending before the trial Court and moreover, the written statement is necessary for just decision of the case.

However, keeping in view the facts as mentioned above as well as submissions made by learned counsel for the petitioners and also the fact that still the suit is at the initial stage and even the application for interim stay has not been decided so far, the trial Court is directed to give one more opportunity to the petitioners to file written statement subject to the payment of costs of Rs. 10,000/- to be deposited with the "Punjab State Legal Services Authority." However, it is made clear that in case, the petitioners unable to file written statement on or before the next date of hearing i.e. 22.05.2013, no further opportunity be granted to them. The petition is accordingly disposed of.