USHA RANI Vs. KESHWA NAND

JUDGEMENT

(1.) Having regard to the nature of the order this Court proposes to pass in the given facts and circumstances of the case, it deems it not necessary to issue notice to the respondent because it would not only cause inconvenience to him, rather he would be unnecessarily burdened to engage counsel to represent him in the instant proceeding.

(2.) Being aggrieved and dissatisfied with order dated 25.9.2018 (Annexure P5), passed by learned Civil Judge, Court No.3, Una, District Una, H.P., whereby right of the petitioner to file written statement (hereinafter referred to as the defendant) has been struck of, petitioner defendant has approached this Court in the instant proceedings filed under Art. 227 of the Constitution of India, seeking therein permission to file written statement within the stipulated period after setting aside the impugned order, referred hereinabove.

(3.) Having heard learned counsel for the petitionerdefendant and perused the material available on record visavis impugned order passed by the learned court below, this Court finds no illegality and infirmity in the order passed by the learned court below because admittedly impugned order reveals that petitionerdefendant failed to file written statement well within prescribed period of 120 days. However, averments contained in the petition, suggest that petitionerdefendant after having received summons on 7.10.2017 put in appearance for the first time through her counsel on 08.11.2017 when matter was adjourned to 12.12.2017 with the direction to the petitionerdefendant to file written statement. However, fact remains that petitionerdefendant failed to file written statement within that period and as such, case came to be adjourned to 13.3.2018.