Civil Revision No. 460 of 2010 -1- ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 460 of 2010 Date of decision : 18.5.2010 Krishan Kumar and another ....Petitioners Versus Raje Ram Verma ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Kunal Dawar, Advocate for the petitioners. Mr. Vikram Bali, Advocate for the respondent. S. D. ANAND, J. Initially, the learned Trial Court allowed filing of the written statement during the pendency of an application vide which the plaintiff-respondent had applied to that Court to strike off the defence of the former for not having filing written statement within statutory period of 90 days. That order was invalidated by this Court vide order dated 17.3.2009 (Annexure P/2). The grievance of the petitioners herein was that the allowance of that application during the pendency of an application dated 8.4.2008 (Annexure P-5) for striking off defence of the defendant filed by them is unwarranted. There is no controversy about the fact that the application dated 8.4.2008 (Annexure P-5) for striking off defence of the defendant filed by plaintiffs-petitioners is still pending consideration at the hands of learned Trial Court. The impugned order has come about without disposal of that Civil Revision No. 460 of 2010 -2- ***** application. It would have been legally appropriate for the learned Trial Court to dispose of the pending plea aforementioned as well at the time grant of impugned order. The petition shall stand allowed. The impugned order dated 17.11.2009 shall stand set aside. The parties, through their learned counsel, are directed to appear before the learned Trial Court on 20.5.2010. The learned Trial Court shall proceed to dispose of the relevant pending pleas i.e. one in which impugned order is granted and other plea i.e. application dated 8.4.2008 (Annexure P-5) for striking off defence of the defendant filed by plaintiffs-petitioners simultaneously. Disposed of accordingly. May 18, 2010 (S. D. ANAND) Pka JUDGE