Aditi v. Sonia Setia And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CR No.3056 of 2024 Date of Decision: 18.05.2024 Aditi .....Revisionist-Petitioner.

Versus

Sonia Setia and another .....Respondents.

CORAM:

HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Mr. S.K. Jain, Advocate for the revisionist-petitioner.

(joined through Video-Conferencing) MEENAKSHI I. MEHTA, J. (Oral) By filing the instant revision-petition under Article 227 of the Constitution of India, the petitioner-plaintiff (here-in-after to be referred as 'the plaintiff') has assailed the order, handed down by learned Additional Civil Judge (Senior Division), SAS Nagar (for short 'the trial Court') on 02.04.2024 in Civil Suit No.228 of 2020 titled as 'Aditi versus Sonia Setia and another', whereby the application moved by the respondent-defendant No.1 (here-in-after to be referred as 'defendant No.1') with the prayer to recall the order dated 13.05.2022, passed by the said Court qua striking-off her (defendant No.1's) defence in the afore-said Suit, has been allowed. 2.

However, it is pertinent to mention here that at the time of assisting the Court, at the preliminary stage, in the present revision-petition, learned counsel for the plaintiff has restricted his prayer to the modification YAG DUTT 2024.06.06 12:49 I attest to the accuracy and authenticity of this order/judgment

CR No.3056 of 2024 -2of the impugned order, by way of enhancing the amount of cost as imposed upon defendant No.1.

3.

Keeping in view the above-discussed limited prayer as made by learned counsel for the plaintiff and also the fact that defendant No.1 had failed to file her written-statement well in time and without issuing the notice to her (defendant No.1), so as to avoid any further delay in the adjudication of the afore-referred Suit and also to avert the expenses that she may have to incur to defend in this revision-petition, the impugned order is, hereby, modified only to the extent that the amount of cost, as imposed upon defendant No.1, is enhanced from Rs.3,000/- to Rs.20,000/- and out of this amount, a sum of Rs.15,000/- shall be paid to the plaintiff and the balance amount of Rs.5,000/- shall be deposited with the DLSA, SAS Nagar. The revision-petition in hand stands disposed of accordingly. 4.

It is further clarified here that in the eventuality of respondentdefendant No.1 feeling aggrieved by this order, she shall be at liberty to move an appropriate application to contest the instant revision-petition. (MEENAKSHI I. MEHTA) May 18, 2024 JUDGE Yag Dutt Whether speaking/reasoned:

Yes Whether Reportable:

No YAG DUTT 2024.06.06 12:49 I attest to the accuracy and authenticity of this order/judgment