A-3 & % 19.09.2011 Present: Mr.R.D. Tyagi, Advocate for the petitioner. Mr.Himanshu Upadhyay, Advocate for the respondent. +CM (M) No. 363/2011 & CM No. 6430/2011 * Last order has not been complied with; respondent is contesting the petition. Arguments have been heard. The order impugned before this Court is the order dated 03.09.2010 vide which the defence of the defendant had been struck off as in spite of several opportunities having been granted to the defendant to file his written statement, the same had not filed. Record shows that the present suit is a suit for recovery of '1,10,000/-. Record further shows that the defendant had been served for 12.012010; he had been granted time to file written statement; written statement was not filed and in fact none had appeared for the defendant on 26.02.2010 on which date the defendant was proceeded ex-parte. Thereafter on an application under Order 9 Rule 7 of the Code, the ex-parte was set aside on 31.07.2010. Inspite of opportunity, written statement was again not filed; this was noted by the Court on 20.08.2010 when again written statement was not filed. On 03.09.2011, the defence of the defendant was struck off. This order is now impugned. Present petition had been filed in March, 2011; there is Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified inordinate delay in preferring the petition. Contention of the petitioner is that on the wrong premise, he had filed a revision petition which had been dismissed on 04.12.2010. The said order dated 04.12.2010 is not on record. The attitude and conduct of the petitioner has been careless bordering on the point of negligence. In the larger interest of justice, keeping in view the fact that a valuable right of the litigant would be lost if he is not granted an S opportunity to defend his case, one more last opportunity is. granted to the petitioner to file his written statement within one week to be counted from today subject to payment of Z 2 5,000/- as cost. Written statement shall positively be filed before the trial court within one week from today as noted supra and replication be filed within two weeks thereafter. With these directions, this petition is disposed of. Order dasti. INDERMEET KAUR, J. SEPTEMBER 19, 2011 a f?r&kcpla I ~-Cc) - 91~.~' PC-