Sodhi Vikram Singh Sodhi Vikram Singh v. Tikka Sodhi Harkirat Singh Harkirat Singh and Others
Case Details
(O&M) CR-6585-2025 (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 CR-6585-2025 (O&M) Decided on :- 17.09.2025 Decided on : Sodhi Vikram Singh Sodhi Vikram Singh ....Petitioner VERSUS Tikka Sodhi Harkirat Singh Harkirat Singh and Others ....Respondent ....Respondents
Legal Reasoning
all costs that may be imposed by this Court in order to compensate the respondent. all costs that may be imposed by this Court in order to compensate the respondent. all costs that may be imposed by this Court in order to compensate the respondent. all costs that may be imposed by this Court in order to compensate the respondent. Findings 4. I have considered the submissions advanced by learned counsel for I have considered the submissions advanced by learned counsel for I have considered the submissions advanced by learned counsel for I have considered the submissions advanced by learned counsel for the petitioner and perused the record. the petitioner and perused the record. 5. Admittedly, the petitioner was The facts are not much in dispute. Admittedly, the petitioner was The facts are not much in dispute. The facts are not much in dispute. proceeded against ex parte on 19.05.2025. The said order was set aside on proceeded against ex parte on 19.05.2025. The said order was set aside on proceeded against ex parte on 19.05.2025. The said order was set aside on proceeded against ex parte on 19.05.2025. The said order was set aside on 17.07.2025 and an opportunity was granted to him to join the proceedings on 17.07.2025 and an opportunity was granted to him to join the proceedings on 17.07.2025 and an opportunity was granted to him to join the proceedings on 17.07.2025 and an opportunity was granted to him to join the proceedings on d to payment of costs. Thereafter, on 01.08.2025, another opportunity was granted to payment of costs. Thereafter, on 01.08.2025, another opportunity was grante payment of costs. Thereafter, on 01.08.2025, another opportunity was grante file the written statement subject to further costs. The petitioner failed to file the file the written statement subject to further costs. The petitioner failed to file the file the written statement subject to further costs. The petitioner failed to file the file the written statement subject to further costs. The petitioner failed to file the written statement on 28.08.2025, resulting in the impugned order whereby his written statement on 28.08.2025, resulting in the impugned order whereby his written statement on 28.08.2025, resulting in the impugned order whereby his written statement on 28.08.2025, resulting in the impugned order whereby his defence was struck off. defence was struck off. 6. ether the The only question for consideration before this Court is whether the The only question for consideration before this Court is wh The only question for consideration before this Court is wh trial Court was justified in striking off the defence of the petitioner in the given trial Court was justified in striking off the defence of the petitioner in the given trial Court was justified in striking off the defence of the petitioner in the given trial Court was justified in striking off the defence of the petitioner in the given circumstances. It is a settled proposition of law that rules of procedure are meant to circumstances. It is a settled proposition of law that rules of procedure are meant to circumstances. It is a settled proposition of law that rules of procedure are meant to circumstances. It is a settled proposition of law that rules of procedure are meant to t was within advance the cause of justice and not to stifle it. Although the trial Court was within advance the cause of justice and not to stifle it. Although the trial Cour advance the cause of justice and not to stifle it. Although the trial Cour its jurisdiction to impose costs and control its own proceedings, yet striking off the its jurisdiction to impose costs and control its own proceedings, yet striking off the its jurisdiction to impose costs and control its own proceedings, yet striking off the its jurisdiction to impose costs and control its own proceedings, yet striking off the defence is a drastic step and ought to be resorted to sparingly, only when it is defence is a drastic step and ought to be resorted to sparingly, only when it is defence is a drastic step and ought to be resorted to sparingly, only when it is defence is a drastic step and ought to be resorted to sparingly, only when it is TRIPTI SAINI 2025.09.17 14:15 I attest to the accuracy and integrity of this document (O&M) CR-6585-2025 (O&M) -3- - y the apparent that the conduct of the party is contumacious and intended to delay the apparent that the conduct of the party is contumacious and intended to dela apparent that the conduct of the party is contumacious and intended to dela proceedings. 7. In the present case, after setting aside of the ex parte proceedings, In the present case, after setting aside of the ex parte proceedings, In the present case, after setting aside of the ex parte proceedings, In the present case, after setting aside of the ex parte proceedings, only one effective opportunity was granted to the petitioner for filing the written only one effective opportunity was granted to the petitioner for filing the written only one effective opportunity was granted to the petitioner for filing the written only one effective opportunity was granted to the petitioner for filing the written statement. The explanation tendered by the petitioner that he was out of country statement. The explanation tendered by the petitioner that he was out of countr statement. The explanation tendered by the petitioner that he was out of countr statement. The explanation tendered by the petitioner that he was out of countr has not been seriously disputed. It cannot, therefore, be said that the petitioner was has not been seriously disputed. It cannot, therefore, be said that the petitioner was has not been seriously disputed. It cannot, therefore, be said that the petitioner was has not been seriously disputed. It cannot, therefore, be said that the petitioner was deliberately prolonging the trial or abusing the process of the Court. The deliberately prolonging the trial or abusing the process of the Court. The deliberately prolonging the trial or abusing the process of the Court. The deliberately prolonging the trial or abusing the process of the Court. The inconvenience caused to the respondent can be compensated adequately by inconvenience caused to the respondent can be compensated adequately by inconvenience caused to the respondent can be compensated adequately by inconvenience caused to the respondent can be compensated adequately by Denying the petitioner an opportunity to contest the matter on imposition of costs. Denying the petitioner an opportunity to contest the matter on Denying the petitioner an opportunity to contest the matter on imposition of costs. merits would amount to condemning him unheard, which is contrary to the settled merits would amount to condemning him unheard, which is contrary to the settled merits would amount to condemning him unheard, which is contrary to the settled merits would amount to condemning him unheard, which is contrary to the settled principle that justice should not only be done but also appear to have been done. principle that justice should not only be done but also appear to have been done. principle that justice should not only be done but also appear to have been done. principle that justice should not only be done but also appear to have been done. Conclusion 8. recorded above, the impugned order dated 28.08.2025 For the reasons recorded above, the impugned order dated 28.08.2025 recorded above, the impugned order dated 28.08.2025 For the reasons striking off passed by the learned Civil Judge (Junior Division), Anandpur Sahib, striking off passed by the learned Civil Judge (Junior Division), passed by the learned Civil Judge (Junior Division), the defence of the petitioner, cannot be sustained and is accordingly set aside. The the defence of the petitioner, cannot be sustained and is accordingly set aside. The the defence of the petitioner, cannot be sustained and is accordingly set aside. The the defence of the petitioner, cannot be sustained and is accordingly set aside. The ubject to the petitioner filing his written present civil revision is allowed, subject to the petitioner filing his written ubject to the petitioner filing his written present civil revision is allowed, s from the date of passing of this order, statement positively within two weeks from the date of passing of this order, from the date of passing of this order, statement positively before the trial Court and also subject to payment of costs of before the trial Court and also s to be paid to ubject to payment of costs of ₹5,000/- to be paid to tement. In case of default in either of the respondent before filing of the written statement. In case of default in either of tement. In case of default in either of the respondent before filing of the written sta The the conditions, the petitioner shall forfeit his right to file the written statement. The the conditions, the petitioner shall forfeit his right to file the written statement. the conditions, the petitioner shall forfeit his right to file the written statement. trial Court shall thereafter proceed with the matter in accordance with law and trial Court shall thereafter proceed with the matter in accordance with law and trial Court shall thereafter proceed with the matter in accordance with law and trial Court shall thereafter proceed with the matter in accordance with law and dispose of the same expeditiously. dispose of the same expeditiously. 9.
Arguments
MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE M Mr. Dilmrig Nayani and Mr. Yuvraj Dhanajaya, Advocates Mr. Dilmrig Nayani and Mr. Yuvraj Dhanajaya Present: Mr. Dilmrig Nayani and Mr. Yuvraj Dhanajaya for the petitioner. for the petitioner. MANDEEP PANNU J. MANDEEP PANNU -.- 1. the petitioner/defendant No.1 Present civil revision has been filed by the petitioner/defendant No.1 Present civil revision has been filed by Present civil revision has been filed by under Article 227 of the Constitution of India for setting aside the impugned order under Article 227 of the Constitution of India for setting aside the impugned order under Article 227 of the Constitution of India for setting aside the impugned order under Article 227 of the Constitution of India for setting aside the impugned order , Anandpur dated 28.08.2025 passed by the learned Civil Judge (Junior Division), Anandpur dated 28.08.2025 passed by the learned Civil Judge (Junior Division) dated 28.08.2025 passed by the learned Civil Judge (Junior Division) , whereby the defence of the petitioner was struck off. Sahib, whereby the defence of the petitioner was struck off. , whereby the defence of the petitioner was struck off. Brief facts 2. The brief facts necessary for disposal of the present revision are that The brief facts necessary for disposal of the present revision are that The brief facts necessary for disposal of the present revision are that The brief facts necessary for disposal of the present revision are that on 19.05.2025, the present petitioner/defendant No.1 was proceeded against ex on 19.05.2025, the present petitioner/defendant No.1 was proceeded against ex on 19.05.2025, the present petitioner/defendant No.1 was proceeded against ex on 19.05.2025, the present petitioner/defendant No.1 was proceeded against ex parte by the trial Court. Subsequently, the said ex parte order was set aside on parte by the trial Court. Subsequently, the said ex parte order was set aside on parte by the trial Court. Subsequently, the said ex parte order was set aside on parte by the trial Court. Subsequently, the said ex parte order was set aside on 17.07.2025 subject to payment of costs of subject to payment of costs of ₹100/ to be deposited with the DLSA. ₹100/- to be deposited with the DLSA. The case was adjourned to 01.08.2025. On that date, learned trial Court granted an The case was adjourned to 01.08.2025. On that date, learned trial Court granted an The case was adjourned to 01.08.2025. On that date, learned trial Court granted an The case was adjourned to 01.08.2025. On that date, learned trial Court granted an opportunity to the petitioner to file the written statement, subject to further costs of opportunity to the petitioner to file the written statement, subject to further costs of opportunity to the petitioner to file the written statement, subject to further costs of opportunity to the petitioner to file the written statement, subject to further costs of ₹500/-. However , on the next date of hearing, i.e. 28.08.2025, the written statement . However, on the next date of hearing, i.e. 28.08.2025, the written statement , on the next date of hearing, i.e. 28.08.2025, the written statement of the petitioner was not filed. Taking note of the fact that the costs imposed earlier of the petitioner was not filed. Taking note of the fact that the costs imposed earlier of the petitioner was not filed. Taking note of the fact that the costs imposed earlier of the petitioner was not filed. Taking note of the fact that the costs imposed earlier were not paid and that even after setting aside the ex parte proceedings, the were not paid and that even after setting aside the ex parte proceedings, the were not paid and that even after setting aside the ex parte proceedings, the were not paid and that even after setting aside the ex parte proceedings, the avail the opportunity, the learned trial Court passed the petitioner failed to avail the opportunity, the learned trial Court passed the avail the opportunity, the learned trial Court passed the petitioner failed to impugned order striking off the defence of defendant No.1/petitioner. impugned order striking off the defence of defendant No.1/petitioner. impugned order striking off the defence of defendant No.1/petitioner. TRIPTI SAINI 2025.09.17 14:15 I attest to the accuracy and integrity of this document (O&M) CR-6585-2025 (O&M) -2- - 3. Learned counsel appearing for the petitioner has submitted that the Learned counsel appearing for the petitioner has submitted that the Learned counsel appearing for the petitioner has submitted that the Learned counsel appearing for the petitioner has submitted that the oner had petitioner had no intention to delay the proceedings. Rather, the petitioner had petitioner had no intention to delay the proceedings. R petitioner had no intention to delay the proceedings. R ountry and could not arrange for filing of written statement remained out of Country and could not arrange for filing of written statement ountry and could not arrange for filing of written statement remained out of C within the short span of time granted after setting aside the ex parte proceedings. It within the short span of time granted after setting aside the ex parte proceedings. It within the short span of time granted after setting aside the ex parte proceedings. It within the short span of time granted after setting aside the ex parte proceedings. It petitioner to file is contended that only one effective opportunity was given to the petitioner to file is contended that only one effective opportunity was given to the is contended that only one effective opportunity was given to the written statement and the consequence of striking off the entire defence is harsh written statement and the consequence of striking off the entire defence is harsh written statement and the consequence of striking off the entire defence is harsh written statement and the consequence of striking off the entire defence is harsh and disproportionate. It is further submitted that the petitioner is ready and willing and disproportionate. It is further submitted that the petitioner is ready and willing and disproportionate. It is further submitted that the petitioner is ready and willing and disproportionate. It is further submitted that the petitioner is ready and willing dertakes to pay to file the written statement without any further delay and also undertakes to pay to file the written statement without any further delay and also un to file the written statement without any further delay and also un
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. September 17, 2025 2025 tripti Whether speaking/non Whether speaking/non-speaking : Speaking : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.09.17 14:15 I attest to the accuracy and integrity of this document (MANDEEP PANNU) JUDGE