Mehinder Singh Sullar, J. - (1.) THE epitome of the facts, relevant for disposal of the present revision petition and emanating from the record is, that Sadhu Singh, Jalour Singh and Baldev Singh sons of Bachittar Singh -Respondent Nos. 1 to 3 -Plaintiffs(for brevity "the Plaintiffs") filed the suit against Baljit Singh son of Mehar Singh -Petitioner -Defendant No. 1 and Gurdit Singh -proforma Respondent No. 4 -Defendant No. 2(for short "the Defendants") for a decree of possession by way of partition of half share of the property in dispute.
(2.) AS , the Defendants did not file the written statement, therefore, the trial Court struck off their defence, by means of impugned order dated 27.08.2010 (Annexure P -2), which is, as under: Written statement again not filed. Proxy counsel for the Defendant prays for adjournment, which is opposed. Heard. From the perusal of the file it has been revealed that Defendant in the present case appeared through his counsel Sh. B.D. Kumar, Advocate on 28.5.2010 and he has failed to file written statement till today. Requisite period as per Code of Civil Procedure has been lapsed and Defendant has failed to file written statement within stipulated period. As such defence of the Defendant stands struck off. Now file be put up on 3.11.2010 for evidence of the Plaintiff. The application(Annexure P -4) filed by the Defendants on the same day i.e. 27.08.2010, accompanied with the written statement, for recalling the order and for permission to file the written statement, was dismissed as well by the trial Court, by virtue of impugned order dated 19.07.2011(Annexure P -6).
(3.) THE Petitioner -Defendant No. 1 did not feel satisfied with the impugned orders(Annexures P -2 and P -6) and preferred the present revision petition, invoking the provisions of Article 227 of the Constitution of India.;