High Court of Punjab and HaryanaCR/8224/2017allowed

Paramjit Kaur v. Malkiat Singh And ORS

2017-11-24Mrs. Justice Raj Rahul Garg1 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C. R No. 8224 of 2017 (O&M) Date of decision : 24.11.2017 Paramjit Kaur ....Petitioner versus Malkiat Singh and ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Naveen Sharma, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Challenge in this petition is to order dated 30.08.2017 passed by learned Civil Judge (Jr. Divn.), Ludhiana whereby the defence of the petitioner has been struck off.

A perusal of the orders shows that the suit was filed by the respondent-plaintiff and thereafter an application under Order 7 Rule 11 CPC was filed by the petitioner on 18.03.2015, which was dismissed on 02.08.2017 and the matter was adjourned for 17.08.2017 and then again for 30.08.2017 for filing written statement. Thus, the petitioner has not misused the concession of grant of date given to her for filing written statement. In view of the above, order dated 30.08.2017 passed by learned Civil Judge (Jr. Divn.), Ludhiana is hereby set aside and the instant revision petition is allowed and the trial Court is directed to give one effective opportunity to the petitioner to file written statement, subject to deposit of cost of Rs.3000/- to be paid before the District State Legal Service Authority, Ludhiana.

24.11.2017 (RITU BAHRI) G.Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2017.12.06 12:15 I attest to the accuracy and integrity of this document Chandigarh