SANJAY VASHISTH, J.

1. By way of present revision petition, petitioner – Ishwar Singh (defendant No.1), has challenged the order dated 17.03.2023 (Annexure P-2) (in CS-1892-2022), passed by Ld. Civil Judge (Junior Division), Panipat, whereby, defence of defendant No.1, has been struck off, and he was precluded from filing written statement and reply to the stay application.

2. Learned counsel for the petitioner (defendant No.1) while referring to the zimni orders reproduced in the revision petition, submits that on 03.11.2022, suit filed by the plaintiff was registered and notice to the defendants was issued for 22.11.2022. Accordingly, on 22.11.2022, defendant No.1 appeared before the Court and time was granted for filing written statement and reply to the stay application. Service upon defendant No.2, was not complete, so fresh notice was issued. Thus, proceedings were adjourned to 08.02.2023.

3. On 08.02.2023, again service upon defendant No.2 was incomplete, and on request, time was granted to defendant No.1 to file written statement, and reply to the stay application. Proceedings were again adjourned for 17.03.2023. Thus, 17.03.2023, was the third appearance of defendant No.1, an