- (1.) Challenge in this revision petition is the order dated 7.11.2011 vide which the defence of the defendants No. 1 to 3 has been struck of The suit was filed on 13.6.2011. As per case of the defendant-revisionists, they received notice for 25.8.2011 and on 25.8.2011, dealing clerk had appeared and the case was adjourned to 12.9.2011 for filing of the written statement. Thereafter, the case was adjourned to 7.11.2011 and last opportunity was granted. Written statement could not be filed due to heavy official work and the staff was busy in the official work and full record of the case was not available and the dealing clerk was transferred on 21.10.2011. It is further pleaded that limitation of 90 days has not elapsed for filing the written statement as the notice was received on 12.8.2011.
(2.) Notice of the petition is not required to be given to the plaintiff.
(3.) Petitioners are the State and 90 days have not been elapsed as per the pleadings from the date of notice. Nobody should be condemned unheard. The trial Court should have given an opportunity to file the written statement.;