← Library
High Court of Punjab and HaryanaCR/819/2018allowed

Kanu Priya v. Inderjeet Singh And Another

2018-12-14Mr. Justice Amit Rawal2 pages

YOGESH SHARMA 2019.01.10 10:48 I attest to the accuracy and integrity of this document CR-819-2018 (O&M) 135+217

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-819-2018 (O&M) Date of decision : 14.12.2018 Kanu Priya ... Petitioner

Versus

Inderjeet Singh and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Rajesh Lamba, Advocate for the petitioner.

Mr. Suhail Sehgal, Advocate for the respondents.

**** AMIT RAWAL, J.

CM-9037-CII-2018 For the reasons stated in the application, only Annexures R-1 to R9 are taken on record.

CM stands disposed of.

CR-819-2018 The petitioner-defendant is aggrieved of the impugned order dated 13.12.2016, whereby, her defence has been struck off. Learned counsel appearing on behalf of the petitionerdefendant submits that in case, one opportunity is granted, he will file the written statement, subject to any term and condition, which this Court may deem fit appropriate.

YOGESH SHARMA 2019.01.10 10:48 I attest to the accuracy and integrity of this document CR-819-2018 (O&M) Learned counsel appearing on behalf of the respondentsplaintiffs supported the impugned order as the petitioner-defendant has availed 36 opportunities and rightly so, her defence has been struck off, thus, urges this Court for dismissal of the petition. I have heard learned counsel for the parties and appraised the paper book and of the view that no doubt, the petitioner-defendant was negligent in filing the written statement. However, in order to advance justice and prevent miscarriage of justice, I deem it appropriate to grant one effective opportunity to file the written statement. Keeping in view the aforementioned observations, the impugned orders, under challenge, are set aside and the petitioner-defendant shall file the written statement, subject to payment of costs of `8,000/- which shall be condition precedent.

Accordingly, revision petition stands allowed. 14.12.2018 Yogesh Sharma ( AMIT RAWAL ) JUDGE Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No