Vijender Singh Malik, J. - (1.) MUNICIPAL Corporation, Gurgaon, defendant No.1, has brought this revision petition under the provisions of Article 227 of the Constitution of India for setting aside the order dated 18.7.2011 (Annexure P1) passed by learned Civil Judge (Senior Division), Gurgaon, whereby the defence of the petitioner and defendant No.2 has been struck off.
(2.) RAKESH Aggarwal, respondent No.1, filed a suit for permanent injunction for restraining the defendants from interfering in his possession over the suit property. The defendants could not file the written statement within the stipulated period of 90 days. Since costs, subject to payment of which opportunity was given to file written statement to the defendants, was also not paid and Learned Counsel for defendants No.1 and 2 had declared in the open court that they had no objection if the defence of defendants No. 1 and 2 was ordered to be struck off, learned trial court took the step of striking off the defence of defendants No.1 and 2. Now, one of them, i.e., defendant No.1 has brought this revision petition and has challenged the order dated 18.7.2011. I have heard Mr. Gaurav Singh Hooda, Learned Counsel for the petitioner and have gone through the record carefully.
(3.) LEARNED trial court had noticed vide the impugned order the fact that more than 90 days had already expired from the date of putting in appearance by defendants No.1 and 2 in the suit and written statement was not filed. It also found that costs in a sum of Rs.500/ - , subject to payment of which the opportunity to file written statement was granted, was not paid. With these two facts before it, learned trial court has ordered the defence of defendants No.1 and 2 to be struck off.;