Jaswant Singh, J. - (1.) DEFENDANT -Petitioner has preferred the instant revision petition under Article 227 of the Constitution challenging the impugned order dated 20.2.2009 (P.4) passed by the learned Civil Judge (Jr. Division), Hoshiarpur striking off her defence in a civil suit filed by the Respondent -Society; and the order dated 5.3.2011 (P.6) passed by the learned Civil Judge (Sr. Division), Hoshiarpur dismissing the application of the Defendant -Petitioner seeking recalling of the order dated 20.2.2009.
(2.) LEARNED Counsel for the Defendant -Petitioner argues that on merits, the Petitioner has a very good case and in case the impugned order dated 20.2.2009 (P.4) and subsequent order dated 5.3.2011 (P.6) are not set aside and the Petitioner is not permitted to file her written statement, then a grave injustice would be caused to her. It is further argued that due to the poor financial conditions and depression of the Petitioner, she could not contact her counsel in time for filing the written statement and non -filing of written statement was not intentional but due to the circumstances beyond her control. After hearing learned Counsel for the Petitioner and perusing the paper book, this Court is not convinced with the submissions of the Petitioner and the same lacks merits and the present revision petition deserves to be dismissed for the following reasons: Undisputedly, Plaintiff -Respondent/Sanatan Dharam Sabha, Hoshiarpur had filed a civil suit No. 373 dated 5.4.2005 (P.1) through its Secretary for possession of property in dispute as described in head note of the plaint with further prayer to direct the Defendant to pay Rs. 4000/ - per month w.e.f October 2000 till handing over the possession of the suit property with interest @ 18% per annum.
(3.) NOTICE of the suit was given to the Defendant but instead of filing the written statement, she filed an application for rejection of plaint on 2.6.2006 on the ground that the requisite court fee has not been affixed on the plaint but the same was disposed of by the learned trial Court vide order dated 4.11.2008 (at page 25 of paper book) observing thus: Perusal of file reveals that the requisite court fee of Rs. 19.50 is affixed on the plaint, which is correct as per the report of the reader of the court. Moreover, the contentions of the Defendant that Plaintiff has filed the suit for directing the Defendant to pay Rs. 4000/ - p.m to the Plaintiff along with interest @ 18% p.a till handing over the possession of suit property. As such he is required to affix the court fee on the said amount can be decided at the time of final disposal of the case. As such the application of the Defendant is disposed of accordingly. Now for filing of w/s by the Defendant to come up on 28.11.2008.;