Parvesh Kumar @ Resha v. Premwati And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 121 Case No. : C. R. No. 1891 of 2019 Date of Decision : March 19, 2019 Parvesh Kumar @ Resha ....

Petitioner vs.

Premwati and others ....

Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

* * * Present :

Mr. Rishu Mahajan, Advocate for the petitioner.

* * * DEEPAK SIBAL , J.

(Oral) :

The present petition is directed against the order dated 25.09.2018 passed by Civil Judge (Junior Division), Amritsar (for short - the Trial Court) striking off the defence of the petitioner for having not filed the written statement in time.

The facts, in brief, which would be required to be noticed for adjudicating upon the present petition, are that respondent no. 1 filed a suit seeking therein partition by metes and bounds of the property detailed and described in the plaint (for short - the suit property). On being put to notice, the petitioner, who was defendant no. 5 in the suit, put in appearance through his counsel on 23.05.2018. Thereafter, the matter was adjourned twice enabling the petitioner to file his written statement but when the same was not filed, through the impugned order dated 25.09.2018, the Trial Court struck off his defence. Such order is

under challenge in the present proceedings.

Learned counsel for the petitioner has been heard. In the partition suit filed by respondent no. 1, the petitioner had put in appearance through his counsel on 23.05.2018. Thereafter, for over 90 days, no written statement was filed by the petitioner resulting in passing of the impugned order striking off his defence. In line with the principles of the natural justice as also not to preclude the petitioner from putting forth his defence at the threshold of the litigation which he is facing, subject to payment of Rs.10,000/- as costs to be paid by the petitioner to respondent no. 1, the impugned order is set aside and the petitioner is granted one opportunity to file his written statement. The same be filed within one week from today. The above costs of Rs.

10,000/- are being imposed not only for the reason that the petitioner failed to file his written statement within the stipulated period after having put in appearance before the Trial Court but also for the reason that he took six months to approach this Court to challenge the impugned order and in the meanwhile, the trial has progressed.

The revision petition is allowed in the above terms. If the respondents are aggrieved by passing of the present order, they are at liberty to approach this Court by filing of an appropriate application.

( DEEPAK SIBAL ) JUDGE March 19, 2019 monika Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.