Meenakshi vs Kesaru Ram And Others

Jyotsna Rewal Dua, j

A Civil Suit Was Instituted By Respondents No.1 and 2 against the present petitioner for possession and injunction under Sections 5, 38 and 39 of the Specific Relief Act. The petitioner-defendant No.1 was served in the civil suit for 11.01.2022. She did not file written statement despite availing sufficient opportunities for the same. Finally, vide order dated 03.11.2022, defendant No.1 was permitted to file written statement at costs of Rs.500/- and the matter was posted for filing written statement on her behalf for 29.11.2022.

On the next date, i.e. 29.11.2022, an application for extension of time to file written statement was moved on behalf of defendant No.1. The application was with the averments that the counsel appearing for defendant No.1 had no communication with her. That husband of defendant No.1 had intimated the counsel that defendant No.1 had been residing at Chandigarh in connection with schooling of her child and therefore, was unable to appear before the Court on 29.11.2022. This application was dismissed by the learned Trial Court vide order dated 29.11.2022. The right of defendant No.1 to file written statement was closed. Hence, the instant petition under Article 227 of the Constitution of India has been preferred by defendant No.1.

Notice of this petition was confined to respondents No.1 and 2, i.e. plaintiffs.

I have heard learned counsel for the parties. The zimni orders appended with the petition reflect that defendant No.1 had been callous in defending the suit. Despite grant of sufficient opportunities, she had not filed the written statement. She had not even availed the opportunity granted to her under order dated 03.11.2022, whereby costs of Rs.500/- were imposed upon her.

In these circumstances, no illegality can be said to have been committed by the learned Trial Court in passing the impugned order dated 29.11.2022, whereby right of defendant No.1 to file written statement was struck off. However, considering the submissions made by learned counsel for the parties that the matter is still at the initial stage and the replication is yet to be filed by the plaintiffs to the written statements filed by the other defendants, in the interest of justice, one more opportunity is granted to defendant No.1 (petitioner) for filing her written statement to the civil suit filed by respondents No.1 and 2 at costs of Rs.3500/- . The costs shall be in addition to the costs of Rs.500/- already imposed upon the petitioner by the learned Trial Court vide order dated 03.11.2022 and shall be paid by the petitioner to respondents No.1 and 2 before the learned Trial Court on the next date of hearing. The parties, through their learned counsel, are directed to appear before the learned Trial Court on 27.06.2023, when defendant No.1 (petitioner) shall file her written statement. However, it is made clear that no further opportunity shall be made available to defendant No.1 (petitioner) for filing written statement.

The petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.