High Court of Punjab and HaryanaCR/3768/2017disposed of

Dharamvir v. Anil Kumar

2017-07-10Mrs Justice Daya Chaudhary2 pages

-1Civil Revision No.3768 of 2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Revision No.3768 of 2017 (O&M) Date of decision: 10.07.2017 Dharamvir .......Petitioner versus Anil Kumar ......Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Vivek Goyal, Advocate, for Mr. Karan Singh, Advocate, for the petitioner. RAMENDRA JAIN, J. (ORAL) Challenge has been laid in instant revision petition under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure to the impugned order dated 27.01.2017 (Annexure P-5), whereby defence of the petitioner has been struck off by the trial Court. Upon notice, petitioner appeared before the trial Court on 24.05.2016 through his counsel and the case was adjourned to 26.05.2016, the date on which the petitioner could not file his written statement.

Consequently, on his request, the trial Court adjourned the case to 08.09.2016. Again on the said date, the petitioner did not file his written statement and sought further adjournment. Consequently, the case was adjourned to 27.01.2017 on which date, his defence was struck off on account of non-filing of written statement despite availing several opportunities.

Ravinder Singh 2017.07.12 14:22 I attest to the accuracy and authenticity of this document Learned counsel for the petitioner has contended that on 27.01.2017, written statement could not be filed on behalf of the petitioner

-2Civil Revision No.3768 of 2017 (O&M) on account of noting down wrong date as 27.02.2017 instead of 27.01.2017 by his counsel.

Heard.

Since trial is at the initial stage, therefore, the impugned order is hereby set aside. Consequently, the petitioner is permitted to file his written statement before the trial Court positively within two weeks, subject to payment of costs of ` 20,000/-, out of which ` 10,000/- shall be paid to the respondent and remaining ` 10,000/- shall be deposited with the Haryana State Legal Services Authority.

Disposed of accordingly.

(Ramendra Jain) Judge July 10, 2017 R.S.

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

Ravinder Singh 2017.07.12 14:22 I attest to the accuracy and authenticity of this document