High Court of Punjab and HaryanaCR/5159/2015allowed

Sarabjit Singh v. Satya @ Satya Chand

2015-08-14Mrs. Justice Raj Rahul Garg2 pages

C.R. No. 5159 of 2015 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 5159 of 2015 (O&M) Date of decision:- 14.08.2015 Sarabjit Singh

...Petitioner

Versus

Satya @ Satya Chand

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Krishan Sehajpal, Advocate for the petitioner.

RITU BAHRI J.(Oral) Plaintiff/Petitioner Sarabjit Singh (for short 'petitioner') has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 01.07.2015 (Annexure P-3) passed by learned Civil Judge (Senior Division) (NRI Cases) Jalandhar, whereby the defence of the petitioner was struck off. I have heard learned counsel for the petitioner and perused the case file.

Learned counsel for the petitioner contends that the petitioner filed suit for recovery of arrears of rent on 13.01.2015 and vide order dated 01.07.2015, the defence of the petitioner was struck off. During the summer vacation, counsel for the plaintiff went to Canada to meet her brother and came back on 13.07.2015 and due to GAURAV ARORA 2015.08.20 14:28 I attest to the accuracy and integrity of this document

C.R. No. 5159 of 2015 (O&M) -2this reason, he could not file written statement and the defence of the petitioner was struck off.

In view of the aforesaid, the instant revision petition is allowed and the trial court is directed to grant one more opportunity to the petitioner to file written statement, subject to payment of Rs.3,000/- as cost to be deposited before the District State Legal Services Authority, Jalandhar.

August 14, 2015 ( RITU BAHRI ) G Arora JUDGE GAURAV ARORA 2015.08.20 14:28 I attest to the accuracy and integrity of this document