Rajendra Nath Mittal, J. - (1.) This revision petition has been filed by the defendants against the order of the Subordinate Judge Ist Class, Ludhiana, dated 2nd June, 1986.
(2.) Briefly the facts are that on 3rd March, 1986, the defendants sought adjournment for filing the written statement which was given subject to payment of Rs. 10.00 as costs and the case was adjourned to 17th March, 1986. On that date the Presiding Officer was on leave and the case was taken up on 19th March, 1986 on which date it was adjourned to 12th April, 1986 for filing the written statement. On 12th April, 1986 a further adjournment was sought by the counsel for the defendants for filing the written statement which wasgranted on payment of Rs. 20.00. The costs which had been imposed earlier were not paid by the defendants on that date. However, the costs of Rs. 20.00 imposed were paid by them on the same date. The case was adjourned to 29th April, 1986 for filing the written statement. The plaintiff moved an application under Sec. 35-B of the Code of Civil Procedure (hereinafter referred to as the Code) for striking off the defence in which notice was given to the defendants on 29th April, 1986 and the case was adjourned for reply to 13th May, 1986.
(3.) The defendants contested the application and pleaded that costs were not demanded by the plaintiff nor the Court passed an order in that regard and, therefore, the defence could not be struck off. It is further pleaded that they were always ready and willing to pay the costs and it was the plaintiff who refused to accept the same on 29th April, 1986 when these were offered to her. The learned trial court accepted the application of the plaintiff and struck off the defence of the defendants. They have come up in revision to this Court.;