Dalraj Singh v. Sushil Kumar

CR No.3698 of 2019 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.3698 of 2019 Date of decision:30.05.2019 Dalraj Singh ... Petitioner Vs.

Sushil Kumar ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr.Tarun Singla, Advocate for the petitioner.

AMIT RAWAL J. (Oral) Petitioner-defendant is aggrieved of the impugned order dated 12.02.2019 (Annexure P-4), whereby, his defence has been struck off on the ground of non-filing of written statement.

Mr. Tarun Singla, learned counsel appearing on behalf of the petitioner submits that in case, one opportunity is granted, subject to any terms and conditions which this Court deems fit, the written statement shall be filed on the date fixed before the trial Court. No prejudice would be caused to the respondent, who shall be compensated in terms of costs. I have heard learned counsel for the petitioner and appraised the paper book.

No doubt, the petitioner has taken many adjournments to file written statement and could not file the same. However, in order to manifest and render justice, I deem it appropriate, to grant one opportunity to the SAVITA KADIAN 2019.05.31 15:15 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.3698 of 2019 {2} petitioner to file written statement on the date fixed before the Court below, subject to payment of costs of `5,000/- which shall be a condition precedent, failing which, the order under challenge shall come into operation.

I do not intend to issue notice of motion as it would unnecessarily cause expenditure upon the respondents to avail the services of lawyer. In order to defray the costs of litigation, the aforementioned order has been passed.

Accordingly, the revision petition stands allowed. (AMIT RAWAL) JUDGE May 30, 2019 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2019.05.31 15:15 I attest to the accuracy and integrity of this document High Court Chandigarh