Bhuplal Alias Bhoop Lal v. Pratap

CR No. 6334 of 2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR No. 6334 of 2025 DATE OF DECISION :- 26.09.2025 Bhuplal @ Bhoop Lal

...Petitioner

Versus

Pratap Lal

...Respondent

CORAM:

HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Salman Ahmed, Advocate for the petitioner. *** VIRINDER AGGARWAL , J. (Oral) 1.

This civil revision petition has been directed against the order dated 27.03.2024 vide which the learned Additional Civil Judge (Senior Division)-cum-Sub Divisional Judicial Magistrate, Hathin has struck off the defence of the petitioner.

2.

Learned counsel for the petitioner has submitted that the impugned order is arbitrary, slipshod and mechanical and has been passed without appreciation of the facts whereas a perusal of the impugned order shows that petitioner failed to file written statement within 90 days from the date of his service in the case and perusal of the paper book shows that petitioner was granted 10 effective opportunities to file written statement but petitioner failed to file written statement and a period of nearly 18 months was granted to the petitioner to file the written statement. So in the facts and circumstances of the case it cannot be held that the learned Additional Civil Judge (Senior Division)- cum-Sub Divisional Judicial Magistrate has committed any illegality or PARVINDER SINGH 2025.09.26 16:54 I attest to the accuracy and authenticity of this order/judgment

CR No. 6334 of 2025 irregularity in exercising of jurisdiction vested in the learned Civil Judge but considering the interest of justice, one effective opportunity is granted to the petitioner to file his written statement subject to payment of cost of Rs.20,000/-. 3.

The petition stands disposed of accordingly.

(VIRINDER AGGARWAL) JUDGE 26.09.2025 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2025.09.26 16:54 I attest to the accuracy and authenticity of this order/judgment