2021 (1) L.A.R. 622 = (2021) Law Today Live Doc. Id. 15889
Decided on: 28.01.2021
Present:
Mr. Saurabh Dalal, Advocate for the petitioners
Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 1, 10 -- Written statement – Non-filing within 90 days -- Defence struck off -- 90 days have elapsed but no written statement or reply to the stay application filed – Submission that due to COVID-19 pandemic and restricted functioning of the courts, the defendants could not file the written statement and stated that it would be filed within 15 days – Order set aside -- It is well settled that the defence of a party is required to be struck off only as a matter of last resort.
(Para 1-3)
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ANIL KSHETARPAL, J. –
1. The defendants-petitioners have filed this revision petition against the order passed by the Civil Judge, Junior Division, Rohtak, striking off their defence on the ground that more than 90 days have elapsed but no written statement or reply to the stay application has been filed.
2. Learned counsel for the petitioners contends that due to COVID-19 pandemic and restricted functioning of the courts, the defendants could not file the written statement. He submits that the written statement alongwith reply to the application for stay would be filed within 15 days from today. He points out that the suit is now listed in the first week of March, 2021.
3. Keeping in view the aforesaid limited prayer, this petition is allowed. The order dated 19.11.2020 is set aside. It is well settled that the defence of a party is required to be struck off only as a matter of last resort.
4. Since this order has been passed without issuing a notice to the plaintiffs, they shall be at liberty to file an application for revival.
5. Disposed of.
Petition allowed.
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