High Court of Punjab and HaryanaCR/21/2023allowed

Harjinder Singh@Harjinder Singh Jaswal v. Jaimal Singh And ANR

2023-01-06Mr. Justice Harminder Singh Madaan2 pages

CR No. 21 of 2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR No. 21 of 2023 DATE OF DECISION :- January 06, 2023 Harjinder Singh @ Harjinder Singh Jaswal

...Petitioner

Versus

Jaimal Singh and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Amit Arora, Advocate for the petitioner.

*** In a suit for recovery filed by plaintiff Jaimal Singh against defendants Harjinder Singh @ Harjinder Singh Jaswal and Rama Rani @ Rama Rani Jaswal in the Court of Civil Judge (Sr. Divn.), Tarn Taran, notice thereof was given to defendants, who put in appearance and availed several opportunities to file written statement but failed to do so within stipulated period of 90 days. Accordingly vide order dated 2.9.2022 defence of defendants was struck off leaving them aggrieved and they have filed the present revision petition impugning that order. Keeping in view the nature of the case, no necessity is being felt to issue notice to the opposite party.

I have heard learned counsel for the revision petitioner besides going through the record.

Although, no illegality or infirmity can be found with the impugned order, however, in the interest of justice so as to ensure that the revision petitioner is not prejudiced by closing doors of contest upon him, the petition is accepted and the revision petitioner is afforded one PARVINDER SINGH 2023.01.06 16:07 I attest to the accuracy and authenticity of this document

CR No. 21 of 2023 opportunity to file written statement within 15 days from today subject to paying a sum of Rs.10,000/- as costs to the plaintiff. The revision petitioner shall get a demand draft in the sum of Rs.10,000/- prepared in the name of plaintiff which he shall hand over to the plaintiff/his counsel in the Court and only then he would be permitted to file written statement. In case of non-compliance, the revision petition is to be treated as dismissed. (H.S. MADAAN) JUDGE January 06, 2023 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2023.01.06 16:07 I attest to the accuracy and authenticity of this document