0 1( A-79 % 11.7.2011 Present: Ms. Padmini Gupta, Advocate for the petitioner. + CM (M)No.761/2011 * Present suit has been filed by the defendant/petitioner R.P.Malik for recovery of 18,950/- on 29.1.2011. The Court had noted that the defendant has been served for 23.12.2010; written statement has not been filed; his defence has been struck off; matter has been fixed for petitioner's evidence on 26.3.2011. On 26.3.2011 the application of the defendant under Order IX Rule 7 of the Code for setting aside the order dated 29.1.2011 had been dismissed. Contention of the petitioner before this Court that the service report has been fabricated by the process server; the defendant was not residing at the address given in the process server's report. Keeping in view the averments made in the petition duly supported by his affidavit as also the fact that it was the first date of service on which the order dated 29.1.2011, striking off the defence of the defendant, had been passed, in the interest of justice the impugned order dated 26.3.2011 is set aside. One opportunity is granted to the defendant to file his written statement; the written statement shall now be filed positively within three weeks to be counted from today with advance copy to 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 the counsel for the petitioner; petition is disposed of in the above terms. Copy of this order be sent to the trial. court. A copy of this order be given dasti under th signatures of Court Master. INDERMEET KAUR, J. JULY 11, 2011 mm