Yash Pal Aggarwal v. Mohinder Pal Bhopal And ORS

-1CR No.2908 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR No.2908 of 2018 Date of decision: 03.05.2018 Yash Pal Aggarwal .......Petitioner versus Mohinder Pal Bhopal and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Vikas Bishnoi, Advocate, for the petitioner. RAMENDRA JAIN, J. (ORAL) Through this petition under Article 227 of the Constitution of India, petitioner-defendant No.5 has prayed for setting aside order dated 21.03.2018 (Annexure P-1) of the trial Court, whereby his defence has been struck off for non-filing the written statement, despite seeking several opportunities.

Heard.

Suit before the trial Court is at the initial stage for filing of replication. Issues have not yet been framed. Considering this aspect of the matter, but without commenting on the merits of the case, in the interest of justice, equity, good conscience and fairplay, impugned order is set aside. Petitioner-defendant No.5 is afforded single opportunity to file his written statement before the trial court on or before the next date, subject to costs of `10,000/- to be deposited with the Punjab State Legal Services Authority.

This petition is disposed of without issuing notice to the Ravinder Singh 2018.05.04 11:37 I attest to the accuracy and authenticity of this document respondents with a view to impart justice to the parties and to save the huge

-2CR No.2908 of 2018 expenses which may be incurred by the respondents and also to avoid unnecessary delay in the adjudication of the matter. Still, if dissatisfied, the respondents may move this Court for recalling this order within six weeks from today.

(Ramendra Jain) May 03, 2018 Judge R.S.

Whether speaking/reasoned Yes/No Whether reportable Yes/No.

Ravinder Singh 2018.05.04 11:37 I attest to the accuracy and authenticity of this document