VIVEKANANDA KENDRA INTERNATIONAL Vs. N.P. SURI

JUDGEMENT

(1.) THIS petition impugns and order dated 18.7.2013 whereby the Trial Court had struck off the defence of the defendants/petitioners because the Written Statement had not been filed. The case of the petitioners is that notice in the suit was received by petitioner Nos.1 & 2 on 26th & 28th March, 2013, respectively. The Written Statement was required to be filed by 16.5.2013. However, it could not be filed since the authorisation for the same was to be obtained from the Head Office which is located in Kanyakumari. Furthermore the suit related to an old contract which had been closed more than three (3) years ago and the representatives who were handling the transaction had resigned in the intervening period, thus, leading to some difficulty in obtaining relevant documents pertaining to the case. The time for filing the Written Statement was extended till 18.7.2013, however, in view of the aforesaid difficulty as explained by the petitioners it could not be filed. On the latter date, i.e. 18.7.2013, the petitioners had sought extension of time by only one week but the Trial Court had struck off the defence by the impugned order.

(2.) THE learned counsel for the petitioners has contended that the rules of procedure are handmaiden of justice and the objective prescribed is to advance the cause of justice. Striking off the defence, therefore, has irremediably deprived the petitioners from placing their defence on record for the trial.

(3.) THIS Court finds that the petitioners/defendants had appeared before the Trial Court on each date and that on the last date time was only sought by one (1) week. To that extent, this Court finds that they were diligent in pursuing the matter before the Court. The reason for non -filing of the Written Statement appears to be plausible since the office of the defendants/petitioners is located in Kanyakumari and records pertaining to few years old and the concerned officer dealing with the same had since moved on.