Bal Krisha rishan and others v. Harbhajan hajan Singh
Case Details
CR-1436-2025 (O & M) 1 IN THE HIGH COURT OF PUNJA IN TH AT CHANDIGAR UNJAB AND HARYANA IGARH 117-II Civil Revision N Date of decision ion No.1436 of 2025 (O & M) cision :-10.03.2025 Bal Krisha rishan and others Versus Harbhajan hajan Singh …..Petitioners …..Respondent CORAM: AM:- HON'BLE MS. JUSTICE NI E NIDHI GUPTA Present:- Mr. Madan Lal, Advocate for the petitioners. NIDHI GU HI GUPTA J. (Oral) Prayer in this petition is for se s for setting aside the impugned order dated r dated 07.10.2024 (Annexure P-2) pa ) passed by the learned Civil Judge (Jr. e (Jr. Divn.), Mukerian, District H rict Hoshiarpur, in Civil Suit No.154 of of 2024, titled as ‘Harbhajan Sin jan Singh vs. Bal Krishan and others’, vid ’, vide which defence of the defenda efendants/petitioners herein has been struck struck off. On 07.10.2024 the followin llowing impugned order was passed by t ed by the learned Civil Judge (Jr. Divn . Divn.), Mukerian :- “1. This order of min mine shall dispose off the application for iking striking off defence of
Legal Reasoning
respondent/defendants on ac n account of not filing the written statement. 2. The applicant/plaint laintiff has filed the present application on e the ground that the respondent/defendant has ap s appeared before this Court on 22.04.2024 through his co is counsel but he has not filed VIJAY ASIJA 2025.03.10 18.53 I attest to the accuracy and integrity of this document CR-1436-2025 (O & M) 2 their written statement befo before the court till today. Rather, s the case was fixed upon 23.05.2023, fi 11.07.2024, 30.07.2024 an and 12.09.2024 but the respondents/defendants did did not filed their written statement on the said dates b tes before the Court nor they have ation filed any application in this regard. The respondents/defendants n order in to delay the proceedings of the case maki making lame excuses on each and every date of heari earing i.e. 23.05.2023 to 12.09.2024. As per law, the re he respondents/defendants are bound to file the written state statement in the present case within stipulated time of of 30 days and with the permission of this court and and now about three months have been passed but the res respondents/defendants have not filed their written stateme tement. Hence, the defense of the respondents/defendants is is liable to be struck off. . 3. Heard. Reply ly of the application for striking of defence of the d e defendants not filed since 12.09.2024. The perusal of
Legal Reasoning
of the file shows that Ms. Meenu Kaushal, Adv. and Sh d Sh. Govind Singh Kaushal, Adv. filed power of attorney rney on behalf of defendants No.1 and 3 on 22.04.2024. 24. Thereafter, the case was fixed for filing written stateme tement but inspite of availing various opportunities written itten statement not filed. So, thereafter the application fo n for striking off defence of defendant for not filing of w of written statement filed on 12.09.2024. But inspite of th of that written statement not filed. So, this shows that th t the defendant is trying to linger on the matter with on h one pretext to another. In view of the unrebutted aver averments mentioned in the application, the application f on for striking off defence of defendants on account of of not filing the written statement is allowed. Acco ccordingly, the defence of VIJAY ASIJA 2025.03.10 18.53 I attest to the accuracy and integrity of this document CR-1436-2025 (O & M) 3 defendants struck off. Now to w to come up on 06.11.2024 for PWs.” Learned counsel for the petiti petitioners submits that after appearance arance on 22.4.2024 through counsel ounsel they have been granted only two o two opportunities i.e. 23.5.2024 and 4 and 11.7.2024 to file written statement, ment, which they could not file bec le because the relevant record pertaining ining to their written statement was nt was to be collected from a Court at Ja t at Jalandhar and when they were ma making efforts to collect the same, in t , in the meanwhile, the respondent ondent/plaintiff had moved an application cation on 12.9.2024 for striking off off their (petitioners’) defence and sought sought reply to the same. Now, for th for that purpose the matter was adjourned rned first to 24.9.2024 and thereaf thereafter on the next date of hearing i.e ng i.e. 07.10.2024 (Annexure P-2) 2) the impugned order was passed. Learned counsel submits tha its that the petitioners would suffer irrep r irreparable loss if the impugned ugned order dated 07.10.2024 (Annexure exure P-2) is not set aside. At the ver the very outset, learned counsel submits th its that one effective opportunity unity may be granted to the petitioner ioners herein to file their written stat en statement, as grave injustice will be cau be caused to them if they are not permi t permitted to do so. After hearing learned cou counsel for the petitioners, issuance of nce of notice of motion is dispensed w ensed with at this stage, as it will cause furth e further delay in disposal of the cas he case. Accordingly, keeping in view the the above facts as canvassed by ed by learned Counsel for the petitioner ioners this petition is allowed an ed and impugned order dated 07.10.2024 0.2024 (Annexure P-2) is set aside. T side. The learned Court below is VIJAY ASIJA 2025.03.10 18.53 I attest to the accuracy and integrity of this document CR-1436-2025 (O & M) 4 directed to ted to grant one effective opportunit ortunity to enable the petitioners herein to n to file written statement, howeve owever subject to payment of Rs.10,000 0/- as costs to the respondent herei t herein.
Decision
Disposed of as above. Pending application(s), if any, if any, stands disposed of. 10, 2025 March 10 Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.03.10 18.53 I attest to the accuracy and integrity of this document