Malkit Singh v. and Others Balkar Singh and Others
Case Details
CR-6277-2025 (O&M) (O&M) -1- - IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- CR-6277-2025 (O&M) CR Decided on :- 09.09.2025 Decided on : Malkit Singh ....Petitioner VERSUS and Others Balkar Singh and Others ....Respondents
Legal Reasoning
, after affording due opportunity to contest the same. It is settled law that the merits, after affording due opportunity to contest the same. It is settled law that the , after affording due opportunity to contest the same. It is settled law that the , after affording due opportunity to contest the same. It is settled law that the procedural law is always subservient to and is in aid of justice. procedural law is always subservient to and is in aid of justice. procedural law is always subservient to and is in aid of justice. 7. in view of the law laid down above and keeping in view Resultantly, in view of the law laid down above and keeping in view in view of the law laid down above and keeping in view Resultantly, the contentions of learned counsel for the petitioners, the contentions of learned counsel the present revision petition for the petitioners, the present revision petition is allowed in the interest of justice in the interest of justice. The impugned order dated passed . The impugned order dated 21.08.2025 passed by the learned trial Court is set aside and one effective opportunity is granted to the by the learned trial Court is set aside and one effective opportunity is granted to the by the learned trial Court is set aside and one effective opportunity is granted to the by the learned trial Court is set aside and one effective opportunity is granted to the TRIPTI SAINI 2025.09.11 10:31 I attest to the accuracy and integrity of this document CR-6277-2025 (O&M) (O&M) -3- - petitioner/defendant written statement on or before the date fixed /defendant No.1 to file written statement on or before the date fixed written statement on or before the date fixed before the learned trial Court subject to payment of Rs. before the learned trial Court as costs to be paid subject to payment of Rs.10,000/- as costs to be paid to respondent No.1 No.1 – plaintiff before the trial Court . It is made clear that failing to before the trial Court. It is made clear that failing to of this order, the petitioners would not be file the written statement in terms of this order, the petitioners would not be of this order, the petitioners would not be file the written statement in terms entitled to any further opportunity for the said purpose and the trial Court would entitled to any further opportunity for the said purpose and the trial Court would entitled to any further opportunity for the said purpose and the trial Court would entitled to any further opportunity for the said purpose and the trial Court would proceed with the matter without this order having any bearing on trial. proceed with the matter without this order having any bearing on trial. proceed with the matter without this order having any bearing on trial. 8. 9. The revision petition is allowed in the aforesaid The revision petition is in the aforesaid terms.
Arguments
MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE M Present: Mr. Amandeep Sharma and Mr. Amandeep Sharma, Advocate and for the petitioner. Mr. Gurjinder Singh, Advocate for the petitioner. Mr. Gurjinder Singh, Advocate MANDEEP PANNU J. MANDEEP PANNU -.- 1. The present revision petition has been preferred against the impugned The present revision petition has been preferred against the impugned The present revision petition has been preferred against the impugned The present revision petition has been preferred against the impugned order dated 21.08.2025 21.08.2025 passed by the learned Civil Judge ( Batala, learned Civil Judge (Junior Division), Batala whereby the defence of the petitioner/defendant No.1 whereby the defence of the petitioner and they have /defendant No.1 was struck off and they have been precluded from filing the written statement. been precluded from filing the written statement. been precluded from filing the written statement. 2. Learned counsel for the petitioner/defendant Learned counsel for the petitioner would contend that /defendant No.1 would contend that for declaration to the effect that sale the respondent No.1-plaintiff preferred a suit for declaration to the effect that sale for declaration to the effect that sale the respondent No.1 nd void and result of fraud or suit for permanent deed dated 28.05.2024 is null and void and result of fraud or suit for permanent nd void and result of fraud or suit for permanent deed dated 28.05.2024 is null a The injunction restraining the defendants from alienating of the suit property. The injunction restraining the defendants from alienating of the suit property injunction restraining the defendants from alienating of the suit property defendant No.1 notice of the suit was issued to the respondents, but petitioner-defendant No.1 notice of the suit was issued to the respondents, but petitioner notice of the suit was issued to the respondents, but petitioner failed to appear before the trial Court and he was proceeded ex failed to appear before the trial Court and h parte vide order e was proceeded ex-parte vide order dated 24.03.2025. Thereafter, he filed an application for setting aside the ex parte dated 24.03.2025. Thereafter, he filed an application for setting aside the ex parte dated 24.03.2025. Thereafter, he filed an application for setting aside the ex parte dated 24.03.2025. Thereafter, he filed an application for setting aside the ex parte for filing of order, which was allowed on 29.04.2025 and the case was adjourned for filing of order, which was allowed on 29.04.2025 and the case was adjourned order, which was allowed on 29.04.2025 and the case was adjourned hat due to bonafide mistake written statements. Learned counsel further contends that due to bonafide mistake written statements. Learned counsel further contends t written statements. Learned counsel further contends t on the part of the petitioner/defendant No.1, he failed regarding the date of hearing, on the part of the petitioner/defendant No.1, he failed on the part of the petitioner/defendant No.1, he failed regarding the date of hearing, to file the written statement. He further submits that if the petitioner to file the written statement. /defendant He further submits that if the petitioner/defendant TRIPTI SAINI 2025.09.11 10:31 I attest to the accuracy and integrity of this document CR-6277-2025 (O&M) (O&M) -2- - No.1 be given one opportunity, given one opportunity, they would file the written he is would file the written statement and he is willing to compensate the respondent No.1-plaintiff willing to compensate the respondent plaintiff by ways of costs. 3. I have heard learned counsel for the petitioners and gone through the I have heard learned counsel for the petitioners and gone through the I have heard learned counsel for the petitioners and gone through the I have heard learned counsel for the petitioners and gone through the record of the case in hand. record of the case in hand. 4. The defence of the defendants/petitioner The defence of the defendant t case has been petitioners in the present case has been struck-off on the ground that off on the ground that the despite numerous opportunities written statement despite numerous opportunities written statement was not filed. 5. Hon’ble Supreme Court in the case of Desh Raj vs. Balkishan (D) Hon’ble Supreme Court in the case of Hon’ble Supreme Court in the case of Desh Raj vs. Balkishan (D) had also examined through proposed LR Ms. Rohini [(2020) RCR (Civil) 807] had also examined through proposed LR Ms. Rohini [(2020) RCR (Civil) 807] through proposed LR Ms. Rohini [(2020) RCR (Civil) 807] commercial the timeline for filing of written statement and laid down that in a non-commercial the timeline for filing of written statement and laid down that in a non the timeline for filing of written statement and laid down that in a non dispute matter, the unamended provision of Order VIII Rule 1 CPC continues to be dispute matter, the unamended provision of Order VIII Rule 1 CPC continues to be dispute matter, the unamended provision of Order VIII Rule 1 CPC continues to be dispute matter, the unamended provision of Order VIII Rule 1 CPC continues to be directory and does not do away with the inherent discretion of the Courts to directory and does not do away with the inherent discretion of the Courts directory and does not do away with the inherent discretion of the Courts directory and does not do away with the inherent discretion of the Courts condone delay. 6. In view of above and in view of the settled law that the provision of In view of above and in view of the settled law that the provision of In view of above and in view of the settled law that the provision of In view of above and in view of the settled law that the provision of commercial suits, is only directory in Order VIII Rule 1 CPC, in the case of non-commercial suits, is only directory in commercial suits, is only directory in Order VIII Rule 1 CPC, in the case of non I am of the considered opinion that ends of justice nature and not mandatory, I am of the considered opinion that ends of justice I am of the considered opinion that ends of justice nature and not mandatory, ld be adequately met if one opportunity is granted to the defendants/petitioners would be adequately met if one opportunity is granted to the defendants/petitioners ld be adequately met if one opportunity is granted to the defendants/petitioners ld be adequately met if one opportunity is granted to the defendants/petitioners for filing their written statement on the date to be fixed before the learned trial for filing their written statement on the date to be fixed before the learned trial for filing their written statement on the date to be fixed before the learned trial for filing their written statement on the date to be fixed before the learned trial Court. No prejudice would be caused to the other side in case the suit is decided on Court. No prejudice would be caused to the other side in case the suit is decided on Court. No prejudice would be caused to the other side in case the suit is decided on Court. No prejudice would be caused to the other side in case the suit is decided on
Decision
Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. 2025 September 09, 2025 tripti (MANDEEP PANNU) JUDGE Whether speaking/non-speaking : Speaking speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.09.11 10:31 I attest to the accuracy and integrity of this document