JUDGMENT :

Namit Kumar, J.

1. Challenge in the present revision petition is to the order dated 12.05.2023 passed by the Court of learned Additional Civil Judge (Senior Division), Hathin, whereby defence of petitioner/defendant No.1 has been struck off in Election Petition No.16 of 2022 for non-filing of written statement despite availing several opportunities within the prescribed period of 90 days from the date of effecting service upon him.

2. Learned counsel for the petitioner contends that due to miscommunication between the petitioner and his counsel, the reply could not be filed within time and for that reason the petitioner had to change his counsel before the trial Court. He seeks one more opportunity for filing the reply subject to payment of reasonable costs. He further submits that non-filing of the written statement within the stipulated period is neither intentional nor deliberate.

3. I have heard learned counsel for the petitioner and perused the record.

4. The question is as to whether under the facts and circumstances of the case, the petitioner deserves to be granted any further opportunity for filing of written statement while setting aside the order passed by the Cour