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2020 Supreme(P&H) 1686

DEEPAK SIBAL
Manga @ Maga Singh – Appellant
Versus
Rani – Respondent


Advocates Appeared:
Mr.Raman Mohinder Sharma, Advocate, for the Appellant

JUDGMENT

Deepak Sibal, J. (Oral). - The present petition is directed against the order dated 09.01.2020 passed by the Civil Judge (Junior Division), Sunam, through which the petitioners' defence has been struck off for non-filing of the written statement.

2. The facts in brief, which need to be noticed for adjudicating upon the present petition are that the respondents filed a suit seeking therein to restrain the petitioners who were the defendants in the suit from dispossessing the respondents from the house detailed and described in the head note of the plaint.

3. Notice of the suit was issued to the petitioners by the Trial Court for 11.10.2019 on which date, on being served, the petitioners appeared before the Trial Court and sought time to file the written statement. The matter was adjourned to 26.11.2019 but since on that date the Trial Judge was on leave, the matter was taken up on 22.11.2019 and adjourned to 09.01.2020 on which date, on the ground that the petitioners had sought and got repeated adjournments, the Trial Court struck off the petitioners' defence.

Learned counsel for the petitioners has been heard.

4. Through the impugned order the petitioners' defence has been

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