Sanjay Gaur vs Ajay Kumar Gaur and Others

Deepak Gupta, J.—Both these matters are being disposed of by a common order since both arise from the same civil suit.

Briefly stated, the facts of the case are that Respondent Ajay Gaur filed a suit for recovery of Whether the reporters of local papers may be allowed to see the Judgment? Yes.Rs. 6,00,000/-against the H.P. Civil Supplies Corporation and his brother Sanjay Gaur.

These petitions have been filed by Shri Sanjay Gaur and Defendants No. 1 to These petitions are directed against the order of the learned trial Court whereby the applications filed by the Defendants for permitting them to file the written statements, after the period of 90 days was over, have been rejected and virtually the defence of the Defendants has been struck off.

In my view, the order is quite harsh. In the present case, the Defendant No. 1 was served on 6.5.2009, Defendant No. 2 was served on 19.5.2009 and Defendants No. 3 & 4 were served on 5.5.2009. The applications were filed on 16.09.2009, i.e. four months after the period of service. The delay is of only 30 days and this was a fit case where the Plaintiff could have been compensated by way of costs.

In view of the above discussion, the petitions are allowed. The written statements already filed with the applications are ordered to be taken on record, subject to payment of Rs. 2500/- as costs by Defendants No. 1 to 3 collectively and Defendant No. 4 separately. The parties through 3 their counsel are directed to appear before the learned trial Court on 18th January, 2011.