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Judgment
Sat Pal, J. (Oral)
This petition has been preferred against order dated 1.8.1997 passed by the Additional Civil Judge (SD) Ludhiana. By this order, the learned Additional Civil Judge has struck off the defence of the petitioner/defendants No. 1 and 2. Prima facie the reasons given by the learned trial Court for striking off the defence were good reasons. However, when the petition was listed for hearing, the learned counsel of the petitioners submitted that in the interest of justice, the petitioner/defendants should be given one opportunity which may be even on imposition of heavy costs. Keeping in view the facts and circumstances of the case notice of motion was given in this case. Respondents have been served. The learned counsel for the petitioners submits that the case is now fixed before the learned trial Court on 2.3.1998 for exparte evidence of the plaintiffs. Keeping in view the particular facts and circumstances, and particularly since no evidence on behalf of the plaintiffs have been examined so far, I am of the opinion that it would be in the interest of justice to give one more opportunity to the petitioners to file written statement subject to payment of costs. Accordingly the impugned order dated 1.8.1997 is set aside and the petitioners are given one opportunity to file written statement subject to payment of costs of Rs. 2500/. The parties are directed to appear before the learned trial Court on 18.2.1998 for the purpose of filing the written statement. With this order, the petition stands disposed of.
Copy of the order be given dasti on usual payment.