SUSHIL KUMAR TAANK Vs. AHISH AHUJA

JUDGEMENT

(1.) Challenge is to order dated 12.05.2017 i.e. Annexure P-1 passed by the learned Additional Civil Judge(Sr. Div.) Chandigarh, whereby defence of the petitioner was struck off on account of non-filing of the written statement.

(2.) Learned counsel for the petitioner contended that only two effective opportunities had been granted for filing the written statement, period of 90 days for filing written statement had not expired, besides application had been moved under 11, Rule 12 and 14 of the CPC for production of documents annexed with the suit to enable proper written statement to be filed but neither the documents were supplied nor the application was decided but the defence of the defendant-petitioner was struck off for non-filing of the written statement.

(3.) Mr. Surinder Sharma, learned counsel appearing on behalf of the respondent contended that two effective opportunities had already been granted to the defendant-petitioner and filing of the application under Order 11, Rule 12 and 14 of the CPC was merely a dilatory tactic, therefore, further opportunity for filing written statement is not warranted.