IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 143 of 2023 Decided on: 08.09.2023 Pushpa Devi and another …Petitioners Versus Purni Devi. ...Respondent Coram Hon’ble Mr. Justice Ranjan Sh arma, Judge.

Whether approved for reporting? tYes.

For the petitioners : Mr. Arush Matlotia, Advocate. For the respondent : Mr. Pawan Gautam, Advocate.

Ranjan Sharma, Judge (Oral)

The petitioners herein, being the defendants in Civil Suit No. 01 of 2021, titled as Purni Devi vs. Pushpa Devi and another have come up in instant petition Hfiled under Section 227 of the Constitution of India assailing the Order dated 05.01.2023, Annexure P-5, passed by the learned Civil Judge, Court No.2, District Kangra, (H.P.) whereby the application filed by the petitioners under Section 148 CPC for enlargement of time to file written statement was dismissed and the right to file written statement was struck-off.

2. FACTS AND PROCEEDINGS BEFORE THE LEARNED CIVIL JUDGE KANGRA

2(i) Factual matrix is that Smt. Purni Devi, filed a Civil Suit No. 01 of 2021, for damages to the tune of Rs.2,00,000/- (Rupees two lacs only) on account of loss suffered by her due to unlawful acfts of the defendants who had illegally e