JUDGMENT :

VIKAS BAHL, J.

1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 30.05.2024 (Annexure P-3) passed by the Civil Judge (Junior Division), Pehowa in Civil Suit No.CIS-467-2023 titled as “Sukhdev Singh Vs. Baishakhi Ram etc.”, whereby the defence of the petitioners/defendants was struck off.

2. The undisputed facts of the present case are that the respondent had filed a suit for permanent injunction against the present petitioners on 19.09.2023. As is apparent from the zimni orders, on 27.09.2023, the present petitioners had appeared through their attorney and the case was adjourned to 18.10.2023 for filing written statement. On 18.10.2023, an adjournment was sought by the present petitioners for filing the written statement as well as reply to the injunction application and the case was adjourned to 08.11.2023. Zimni order dated 08.11.2023 has not been annexed with the paper book. Thereafter, vide order dated 20.12.2023, case was adjourned on the prayer made by the petitioners/defendant Nos.1 and 2 for filing written statement and reply to the injunction application. The adjournment was granted subject to the payment of costs of Rs.500/-. Order dated 20.12.2023 is reproduced hereinbelow:-

“Present: Sh. Ramandeep Saini, Advocate for plaintiff.

Sh. Sunil Bansal, Advocate for defendants No.1 and 2.

Written statement and reply to injunction application on behalf of defendants No.1 and 2 not filed.

Adjournment prayed by learned counsel for defendants.

Heard. Record perused.

In the interest of justice, one more opportunity is granted to the defendants for filing written statement, subject to payment of Rs. 500/- as costs to be deposited in Legal Aid Fund, Pehowa.

Cost not paid. To be paid on the next date of hearing.

Now the case is adjourned to 06.05.2024 for filing written statement on behalf of defendants. Last opportunity for this purpose.

Date of order: 20.12.2023

(Amit Sheoran)

CJ(JD)/JMFC/R.C. Pehowa

UID No.HR0430.”

3. Even on 06.05.2024, neither written statement was filed nor previous cost was paid and another request was made for adjournment on behalf of the petitioners. The case was adjourned to 30.05.2024 with the specific observation that in case the defendants did not file the written statement on the next date, then their defence would be struck off. Order dated 06.05.2024 is reproduced hereinbelow:-

“Present: Sh. Ramandeep Saini, Advocate for plaintiff.

Sh. Sunil Bansal, Advocate for defendants No.1 and 2.

Previous cost of Rs.500/- not paid. To be paid on the next date of hearing.

Written statement and reply to injunction application on behalf of defendants No.1 and 2 not filed. Adjournment sought. Heard. Allowed.

Now the case is adjourned to 30.05.2024 for filing written statement on behalf of defendants. It is further made clear that one more opportunity is granted to the defendants for filing written statement and failing which it shall be proceeded to defence of defendants struck off.

Date of order: 06.05.2024

(Bharat)

CJ(JD)/JMFC/R.C. Pehowa

UID No.HR0453.”

4. On 30.05.2024, neither written statement was filed nor previous cost was paid and further request for adjournment was made which was denied and defence of the petitioners was struck off and the case was adjourned to 21.10.2024 for plaintiff’s evidence.

5. The abovesaid order which is now sought to be challenged was not challenged immediately after the passing of the same. The proceedings were permitted to continue and as is apparent from the zimni order dated 18.11.2025 (Annexure P-4), the entire evidence of the plaintiff both oral and documentary have been led and the plaintiff had closed his evidence and thereafter, the case was adjourned to 08.12.2025 for evidence of the petitioners at own responsibility. Although, zimni orders subsequent to 18.11.2025, have not been annexed but learned counsel for the petitioners has fairly submitted that thereafter, several opportunities have been taken by the petitione