S.U. Khan, J. - (1.) THIS is an unfortunate case where proceedings are held up for 22 years due to pendency of this writ petition. The suit being S.C.C. Suit No. 82 of 1977 is pending before J.S.C.C., Nagina. The tenant petitioner did not file written statement inspite of time having been granted by the Trial Court hence the Trial Court on 6.2.1981 passed the order to the effect that the suit must proceed ex -parte. Tenant petitioner filed application numbered as 46 -C for recall of the order dated 6.2.1981. Copy of the said application is Annexure -1 to the writ petition. In the said application it was stated that as discussion regarding a possible compromise was going on between the parties hence tenant -petitioner could not file written statement within time. Landlord -respondent filed objections copy of which Annexure -4. The said application was rejected by the Trial Court by order dated 8.9.1981. Against the said order tenant -petitioner filed a revision being Civil Revision No. 134 of 1981. IVth Additional District Judge, Bijnor dismissed the revision by judgment and order dated 26.11.1981. This writ petition is directed against the aforesaid judgments and orders. It is unfortunate that inspite of sufficient service of notice issued to respondent No. 3 to engage another Counsel, respondent No. 3 landlord has not engaged any other Counsel. Initial counter affidavit on behalf of respondent No. 3 was filed by Shri Rishi Ram and after the death of the learned Counsel notice was issued to the landlord -respondent No. 3 to engage another Counsel. Plea taken by the tenant -petitioner in the recall application that some discussion regarding compromise was going on has not been taken into consideration by the Trial Court. It is always desirable to provide opportunity to a party before deciding a case (sic) the conduct of the party is such that he does not deserve any latitude. Due to stay order passed by this Court dated 28.1.1982 proceedings of the suit have not yet been concluded.
(2.) ACCORDINGLY , writ petition is allowed. Both the impugned orders are set aside. Tenant -petitioner is directed to file written statement, within two months from today. In case within these two months written statement is not filed, this order allowing the writ petition shall stand automatically discharged and in that eventuality writ petition shall stand dismissed. The application of tenant -petitioner for setting aside the ex -parte order is allowed on payment of Rs. 10,000/ - as cost. The said amount must also be paid within the same period of two months and in case of default the writ petition shall stand dismissed. The Trial Court is directed to immediately issue notice to landlord -respondent and fix a date for hearing of the suit after filing of the written statement.;