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(2024) Law Today Live Doc. Id. 19581 = 2025(1) L.A.R. 32
Decided on: 04.10.2024
Present:
Mr. Lovish Rattan, Advocate for the petitioners.
Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 1, 10 – Written statement not filed on time -- Defence struck off -- Despite more than one year, the written statement was not filed -- There was lapse on the part of the defendants in not filing the written statement but request made for granting only one opportunity to file written statement -- Case is still at the stage of plaintiff’s evidence and not even a single witness has been examined -- Trial Court directed to provide only one opportunity subject to cost of Rs.10,000/- payable to the respondents-plaintiff.
(Para 6, 7)
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DEEPAK GUPTA, J. (ORAL) –
CM-17653-CII-2024:
1. This is an application under Order 22 Rule 3 (wrongly mentioned as Rule 4 CPC) read with Section 151 CPC to implead legal representatives of petitioner No.1- Rajinder Singh, who is stated to have expired on 06.07.2024.
2. Learned counsel contends that during pendency of the suit before the trial Court, defendant No.1- Rajinder Singh (petitioner No.1 herein) has since expired. No application to implead the LRs of deceased- defendant No.1 has been moved before the trial Court so far. The application before this Court has been moved as the impugned order dated 19.07.2024 was to be challenged, whereby defence of the defendants was struck off. The persons mentioned in para No.2 of the application are stated to be the widow and children of the deceased.
3. Application is allowed subject to all just and legal exceptions only for the purpose of pursuing the present petition.
4. Memo of parties, as filed along with the petition is accepted.
Main case.:
5. Petitioners have assailed the order dated 19.07.2024 (Annexure P-1), whereby defence of the defendants (petitioners herein) was struck off by the trial Court.
6. As per the impugned order, the defendants (petitioners herein) had put in appearance through their counsel before the Court on 27.07.2023 and despite more than one year, the written statement was not filed. Learned counsel for the petitioner fairly concede that there was lapse on the part of the defendants in not filing the written statement but he requests for granting only one opportunity to the petitioners so as to file written statement. It is also informed by him that case is still at the stage of plaintiff’s evidence and not even a single witness has been examined on behalf of plaintiff (respondent herein), so far.
7. Without issuing any notice of the petition to the other party, lest it may delay the proceedings, the present petition is hereby accepted with the direction to the trial Court concerned to provide only one opportunity to the petitioners to file the written statement. However, it is subject to cost of Rs.10,000/- payable by the petitioners- defendants to the respondents- plaintiff by way of a Demand Draft. The trial Court shall fixed a date for filing the written statement and shall ensure that cost of Rs.10,000/- by way of Demand Draft is paid on or before filing of the written statement.
8. Disposed of accordingly.
9. Since this order has been passed without issuing any notice to the respondent, he will be at liberty to approach this Court, in case he feels aggrieved by the order.
Order accordingly.
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