Sukhdev Singh Deceased Th Lrs vs Mangal Singh

B.S.Walia, J.

Challenge in the revision petition is to order dated 12.09.2018 (Annexure P-4), passed by the learned Civil Judge (Senior Division), Amritsar

(hereinafter referred to as ‘the learned trial Court’) striking off the defence of the petitioner.

Learned counsel for the petitioner states that the petitioner was prevented by sufficient cause from not filing the written statement within the

stipulated period of time as well as from depositing the costs and that in the circumstances in view of the decision of Hon’ble the Supreme Court

in Salem Advocate Bar Association, Tamil Nadu vs. Union of India, 2005 AIR (SC) 3353 as well as the decision of this Court in Municipal Committee

Kharkhoda vs. Bhim Singh 1987 (1) RCR (Rent) 442, the petitioner is entitled to seek modification/recall of order as well as enlargement of time

under Section 151 read with Section 148 CPC.

Whatever circumstances led to the non-filing of the written statement as well as failure to pay costs were not brought to the notice of the learned

trial Court, by moving an appropriate application and satisfying the Court that there was sufficient case in not filing the written statement as well as in

not paying the costs. Instead, the petitioner has straightway invoked the jurisdiction of this Court. Faced with the aforementioned situation, learned

counsel states that he does not press the instant petition and would pray to withdraw the same with liberty to file an appropriate application before the

learned trial Court, for recalling of the impugned order by showing sufficient cause for not filing the written statement and depositing the costs within

the stipulated period of time.

Per contra, learned counsel for the respondent contends that adequate time was availed by the petitioner and he should have been more vigilant to

ensure filing of the written statement.

Having considered the submissions of learned counsel for the parties and taking into account all aspects of the matter including the decision of

Hon’ble the Supreme Court in Salem Advocate Bar Association Tamil Nadu’s case (supra) as well as the decision of this Court in Municipal

Committee, Kharkhoda’s case (supra), the revision petition is disposed of by relegating the petitioner to avail the remedy of moving an appropriate

application before the learned trial Court, within a period of 7 days from the date of receipt of certified copy of this order. In case any such application

is moved, within the time as stipulated above, the learned trial Court will consider and decide the same in accordance with law, as expeditiously as

possible, preferably within a period of two weeks thereafter and till such time, decision is taken on the application, further proceedings before the

learned trial Court shall remain in abeyance.

Revision petition disposed of in above terms.