IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.6559 of 2010 (O&M) Date of decision: 14.1.2011 Anil Stone Crushers, Sanauli and another ...Petitioners Versus Gurdev Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.SD Bansal, Advocate for the petitioners Mr.Avnish Mittal, Advocate for respondent No.1. *** Ram Chand Gupta, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 11.5.2009 vide which defence of petitioners (defendants Nos.3 and 4) was struck off for the reason that written statement was not filed within 90 days from the date of service of the defendants/petitioners and further prays that application Annexure P-2 for recalling the order dated 11.5.2009 moved by the defendants/petitioners be decided before proceeding further in the main suit. I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial Court. It has been contended by learned counsel for the petitioners that defence of the petitioners/defendants Nos. 3 and 4 was ordered to be struck CR No.6559 of 2010 (O&M) -2- off by learned trial court vide order dated 11.5.2009 and thereafter, an application Annexure P-2 for recalling the said order was filed by the petitioners/defendants on 13.6.2009 and however, without deciding the same, learned trial court is proceeding further with the suit. Counsel for the respondents-plaintiffs is having no objection, if the trial court is directed to decide the said application. Hence, in view of these facts, and without going into the merits of the case, the present revision petition is disposed of with a direction to learned trial Court to decide the application Annexure P-2 already moved by the petitioners/defendants and reply to which has also been filed by the respondents -plaintiffs as per law before proceeding further in the main suit within one month from the next date of hearing. January 14, 2011 (RAM CHAND GUPTA) gsv JUDGE