Har Devi Dua v. Neeta Dua & Another

CR-4677-2025 (O&M)
Sr. No.131

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-4677-2025 (O&M) Date of decision: 28th July 2025 HARDEVI DUA ........Petitioner versus NEETA DUA & ANOTHER .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Omkar Chauhan, Advocate for the petitioner.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant Civil Revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 03.05.2025, passed by the learned Civil Judge (Junior Division), Gurugram, in CS-2753-2024, whereby, the defence of the petitioner was struck off. 2.

Learned counsel for the petitioner contends that though the defendant had put in appearance on 18.10.2024 and took adjournments to file written statement, however, the dispute is inter se the daughter-in-law and the mother-in-law. The said dispute was resolved and a written Settlement Deed dated 03.04.2025 (Annexure P-3), was duly executed and signed by all the parties. Despite that, the respondent-plaintiff did not withdraw the civil suit in terms of the said settlement and the petitioner could not file written statement due to the aforesaid circumstances. It is further contended that one opportunity may be granted to the petitioner to file written statement and the petitioner is ready to bear the cost. 3.

I have considered the submissions made on behalf of the petitioners.

SIMRANDEEP KAUR 2025.07.29 16:07 I attest to the accuracy and integrity of this document

CR-4677-2025 (O&M)  4.

In view of the nature of the matter, issuance of notice to the respondents is dispensed with as it would further cause delay in the matter. 5.

Keeping in view the facts and circumstances of the case, I am of the considered opinion that the petitioner should be afforded an opportunity to file written statement and defend the lis. However, the same should be subject to payment of cost.

6.

Consequently, the present Civil Revision is allowed and the impugned order dated 03.05.2025 is set aside, subject to payment of costs of Rs.20,000/- to the respondents. The petitioner shall submit written statement within a period of two weeks from today.

7.

In case any of the conditions of this order are not complied with by the petitioner, this order shall automatically stand vacated and the trial Court shall proceed further with the matter as per law. 8.

Since this order has been passed without issuance of notice to the respondents, as such, liberty is granted to the respondents to seek recalling of this order, if so advised.

9.

Pending miscellaneous applications, if any, shall stand disposed of.

(HARPREET KAUR JEEWAN) JUDGE 28th July 2025 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2025.07.29 16:07 I attest to the accuracy and integrity of this document