JUDGMENT

Rajbir Sehrawat, J. (Oral). - This petition has been filed under Article 227 of the Constitution of India for setting aside/quashing the impugned order dated 17.3.2021 (Annexure P-12), passed by the Civil Judge (Senior Division), Bathinda, in Civil Suit No. 677 of 2019, titled as 'Ashwani Kumar v. Jagsir Singh', whereby the defence of the petitioner/defendant has been struck of on account of failure to file written statement within 90 days.

2. It is submitted by counsel for the petitioner that the petitioner had not deliberately avoided the filing of written statement within time. It was only under a bona-fide impression that since the application under Order 7 Rule 11 CPC had been filed and the same was pending, that the written statement could not be filed. However, on the date when the order was passed by the Court, striking of the defence of the petitioner, the petitioner had filed application for placing on record the written statement. That application is already on record of the trial Court, however, the same has not been made part of the case record as such. The counsel has further submitted that the limitation of 90 days is not mandatory. The case has not proceeded