M/s Artistic Décor and Others M/s Artistic Décor and Others v. Neeru and Another Neeru and Another
Case Details
CR-6768-2025 (O&M) (O&M) -1- - IN THE HIGH COURT OF PUNJAB AND HARYANA OF PUNJAB AND HARYANA IN THE HIGH AT CHANDIGARH AT CHANDIGARH -.- CR CR-6768-2025 (O&M) Decided on :- 23.09.2025 Decided on : M/s Artistic Décor and Others M/s Artistic Décor and Others ....Petitioners VERSUS Neeru and Another Neeru and Another ....Respondents
Legal Reasoning
defence is a discretionary It is well settled that the power to strike off defence is a discretionary It is well settled that the power to strike off It is well settled that the power to strike off Courts power which must be exercised judicially and not mechanically. While Courts power which must be exercised judicially and not mechanically power which must be exercised judicially and not mechanically must ensure expedition and prevent abuse of process, they must also be mindful of must ensure expedition and prevent abuse of process, they must also be mindful of must ensure expedition and prevent abuse of process, they must also be mindful of must ensure expedition and prevent abuse of process, they must also be mindful of that the the need to decide disputes on merits wherever possible. The facts show that the the need to decide disputes on merits wherever possible. The facts show the need to decide disputes on merits wherever possible. The facts show petitioners were permitted to set aside ex parte orders and an opportunity to file petitioners were permitted to set aside ex parte orders and an opportunity to file petitioners were permitted to set aside ex parte orders and an opportunity to file petitioners were permitted to set aside ex parte orders and an opportunity to file hereafter three effective opportunities were afforded written statement was given. Thereafter three effective opportunities were afforded hereafter three effective opportunities were afforded written statement was given but the petitioners failed to file the written statement. This Court does not l but the petitioners failed to file the written statement. but the petitioners failed to file the written statement. not lose production of defence material or persistent sight of the fact that repeated non-production of defence material or persistent production of defence material or persistent sight of the fact that repeated non inaction on the part of a defendant would justify striking off defence. Equally, inaction on the part of a defendant would justify striking off defence. Equally, inaction on the part of a defendant would justify striking off defence. Equally, inaction on the part of a defendant would justify striking off defence. Equally, however, where there is a plausible explanation, however, where t as here, a change of counsel and a here is a plausible explanation, as here, a change of counsel and a miscommunication which, according to the pet munication which, according to the petitioners, impeded timely filing, munication which, according to the petitioners, impeded timely filing, itioners, impeded timely filing, the TRIPTI SAINI 2025.09.23 15:13 I attest to the accuracy and integrity of this document CR-6768-2025 (O&M) (O&M) -3- - Court should incline, where feasible, to afford one last chance, subject to Court should incline, where feasible, to afford one last chance, subject to Court should incline, where feasible, to afford one last chance, subject to Court should incline, where feasible, to afford one last chance, subject to safeguards to protect the plaintiffs against further delay. safeguards to protect the plaintiffs against further delay. safeguards to protect the plaintiffs against further delay. Conclusion 6. e interest of justice, the impugned order In the circumstances and in the interest of justice, the impugned order e interest of justice, the impugned order In the circumstances and in th dated 14.07.2025 is set aside. The petitioners are granted one effective opportunity dated 14.07.2025 is set aside. The petitioners are granted one effective opportunity dated 14.07.2025 is set aside. The petitioners are granted one effective opportunity dated 14.07.2025 is set aside. The petitioners are granted one effective opportunity to file their written statement before the learned trial Court, on the date to be fixed to file their written statement before the learned trial Court, on the date to be fixed to file their written statement before the learned trial Court, on the date to be fixed to file their written statement before the learned trial Court, on the date to be fixed by that Court, subject to payment of costs of by that Court, subject to payment of cost (Rupees Five Thousand s of ₹5,000/- (Rupees Five Thousand only) to the respondents. only) to the respondents. 7. With these directions, the civil revision petition stands allowed and With these directions, the civil revision petition stands allowed and With these directions, the civil revision petition stands allowed and With these directions, the civil revision petition stands allowed and
Arguments
MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE M Present: Mr. Arkash Mani Garg Mr. Arkash Mani Garg, Advocate for the petitioner Advocate for the petitioners. MANDEEP PANNU J. MANDEEP PANNU -.- 1. The present civil revision under Article 227 of the Constitution of The present civil revision under Article 227 of the Constitution of The present civil revision under Article 227 of the Constitution of The present civil revision under Article 227 of the Constitution of India and Section 151 CPC has been filed by the petitioners praying for setting India and Section 151 CPC has been filed by the petitioners praying for setting India and Section 151 CPC has been filed by the petitioners praying for setting India and Section 151 CPC has been filed by the petitioners praying for setting aside the order dated 14.07.2025 passed by the learned Civil Judge (Senior aside the order dated 14.07.2025 passed by the learned Civil Judge (Senior aside the order dated 14.07.2025 passed by the learned Civil Judge (Senior aside the order dated 14.07.2025 passed by the learned Civil Judge (Senior defence of the petitioners/defendants was Division), SAS Nagar, whereby the defence of the petitioners/defendants was defence of the petitioners/defendants was Division), SAS Nagar, whereby the struck off. Brief Facts 2. The brief facts, as narrated in the petition and accepted for the purpose The brief facts, as narrated in the petition and accepted for the purpose The brief facts, as narrated in the petition and accepted for the purpose The brief facts, as narrated in the petition and accepted for the purpose suit for recovery of interim rent assessed by the Rent of this revision, are that a suit for recovery of interim rent assessed by the Rent suit for recovery of interim rent assessed by the Rent of this revision, are instituted by the respondents on 10.10.2024. On the Controller, SAS Nagar, was instituted by the respondents on 10.10.2024. On the instituted by the respondents on 10.10.2024. On the Controller, SAS Nagar, was very next date, namely 21.11.2024, defendants No.2 to 4 were ordered to be very next date, namely 21.11.2024, defendants No.2 to 4 were ordered to be very next date, namely 21.11.2024, defendants No.2 to 4 were ordered to be very next date, namely 21.11.2024, defendants No.2 to 4 were ordered to be appearance. Thereafter, on 11.02.2025, the first proceeded against ex parte for non-appearance. Thereafter, on 11.02.2025, the first appearance. Thereafter, on 11.02.2025, the first proceeded against ex parte for non defendant was similarly proceeded against ex defendant was similarly proceeded against ex parte. On the subsequent date, the parte. On the subsequent date, the e the ex parte parties appeared through counsel and an application for setting aside the ex parte parties appeared through counsel and an application for setting asid parties appeared through counsel and an application for setting asid orders was filed, which was allowed vide order dated 08.04.2025 orders was filed, which was allowed vide the ex parte order dated 08.04.2025 and athe ex parte orders were set aside and the defendant Nos. 1 to 4/pet orders were set aside and the directed to be defendant Nos. 1 to 4/petitioners were directed to be TRIPTI SAINI 2025.09.23 15:13 I attest to the accuracy and integrity of this document CR-6768-2025 (O&M) (O&M) -2- - joined the proceedings for filing of written statement. The petitioners availed as the proceedings for filing of written statement. The petitioners availed as for filing of written statement. The petitioners availed as many as three effective opportunities thereafter to file their written statement but many as three effective opportunities thereafter to file their written statement but many as three effective opportunities thereafter to file their written statement but many as three effective opportunities thereafter to file their written statement but ding no plausible case and failed to do so. Consequently, the learned trial Court, finding no plausible case and failed to do so. Consequently, the learned trial Court, fin failed to do so. Consequently, the learned trial Court, fin after recording that repeated chances had been given, by its order dated 14.07.2025 after recording that repeated chances had been given, by its order dated 14.07.2025 after recording that repeated chances had been given, by its order dated 14.07.2025 after recording that repeated chances had been given, by its order dated 14.07.2025 struck off the defence of defendants No.1 to 4. struck off the defence of defendants No.1 to 4. Submissions of learned counsel for the petitioners Submissions of learned counsel for the petitioners Submissions of learned counsel for the petitioners 3. ds that the failure to file the Learned counsel for the petitioners contends that the failure to file the Learned counsel for the petitioners conten Learned counsel for the petitioners conten written statement was not deliberate or contumacious but occurred due to genuine written statement was not deliberate or contumacious but occurred due to genuine written statement was not deliberate or contumacious but occurred due to genuine written statement was not deliberate or contumacious but occurred due to genuine miscommunication and change of counsel. He further submits miscommunication and change of counsel that the petitioners . He further submits that the petitioners e trial and that in the are ready and willing to file the written statement and to face trial and that in the are ready and willing to file the written statement and to fac are ready and willing to file the written statement and to fac interest of justice their defence ought not to be foreclosed. interest of justice their defence ought not to be foreclosed. interest of justice their defence ought not to be foreclosed. Findings 4. of learned counsel for the I have considered the submissions of learned counsel for the I have considered the submissions I have considered the submissions and perused the record. petitioners and perused the record. 5.
Decision
disposed of. 8. 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 23, 2025 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 2025.09.23 15:13 I attest to the accuracy and integrity of this document