Amrita Dhindsa And ANR v. Surjit Kumar

C. R No. 7529 of 2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C. R No. 7529 of 2017 (O&M) Date of decision : 06.11.2017 Amrita Dhindsa and anr.

....Petitioners versus Surjit Kumar

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Kapil Khanna, Advocate for the petitioners.

**** RITU BAHRI , J. (Oral) Challenge in this petition is to order dated 08.09.2017 passed by learned Civil Judge (Sr. Divn.), NRI Court, Jalandhar whereby the defence of the petitioners has been struck off. A perusal of the orders shows that an application under Order 7 Rule 11 CPC was fixed for 16.08.2017 and it was adjourned to 29.08.2017. On the said application, arguments were head and same was dismissed on 29.08.2017 and the case was adjourned for 08.09.2017 for filing written statement. However, learned counsel for the petitioners-defendants could not file the written on that dat but the Court below struck off the defence of the petitioners on the same day.

Learned counsel submits that a perusal of the zimini orders reflect that not even a single opportunity was granted by the Court below whereby the petitioners were directed to present the written statement. In view of the above, order dated 08.09.2017 passed by learned Civil Judge (Sr. Divn.), NRI Court, Jalandhar is hereby set aside and the Gaurav Arora 2017.11.10 15:57 I attest to the accuracy and integrity of this document Chandigarh

C. R No. 7529 of 2017 instant revision petition is allowed and the trial Court is directed to give one effective opportunity to the petitioners to file written statement on 13.11.2017, subject to deposit of cost of Rs.5000/- to be paid before the District State Legal Service Authority, Jalandhar. 06.11.2017 (RITU BAHRI) G.Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2017.11.10 15:57 I attest to the accuracy and integrity of this document Chandigarh