State Of Punjab And Others vs Ved Parkash on 12 February, 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                             CR No.769 of 2009
                                             Date of decision: 12.2.2009

State of Punjab and others                         ......Petitioners
                               Versus
Ved Parkash                                        ......Respondent

CORAM:-     HON'BLE MR. JUSTICE RAKESH KUMAR GARG

                         * * *
Present:    None.
                         * * *

Rakesh Kumar Garg, J.

By way of this revision petition, the defendants have

challenged order dated 23.10.2008 passed by the Civil Judge (Jr. Division),

Kapurthala whereby application under Section 151 CPC for permission to

file written statement has been dismissed.

As per the averments made in the revision petition, the

plaintiff-respondent filed a suit for declaration and permanent injunction

that he is owner in possession of the property in dispute. On 4.6.2008. the

defence of the defendant-petitioners was struck off because of non filing of

written statement. It has been averred that on receiving instructions to

defend the case, the Government pleader filed the present application to

allow the defendants to place on record their written statement but the

same has been rejected vide impugned order. I find no error of jurisdiction

in the impugned order. The defence of the petitioners has already been

struck off vide order dated 4.6.2008 which has not been challenged till

date.

In the face of the aforesaid order, the petitioners cannot be

permitted to file the written statement, therefore, no fault can be found with

the impugned order.

Dismissed.

February 12, 2009                         (RAKESH KUMAR GARG)
ps                                               JUDGE