Ravinder Pal Singh And ORS. v. Sandeep Singh And ORS.

CR No. 6102 of 2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR No. 6102 of 2022 DATE OF DECISION :- December 21, 2022 Ravinder Pal Singh and others

...Petitioners

Versus

Sandeep Singh and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Bikramjit Singh Randhawa, Advocate for the petitioners. *** This Revision Petition has been filed by Ravinder Pal Singh and five others, who are defendants in the civil suit filed by plaintiff Sandeep Singh against them and few others. On getting notice, the defendants had put in appearance and sought repeated adjournments for filing of written statements. Since defendants No. 1, 2, 4, 5, 6 and 8 who are revision petitioners before this Court failed to file written statements despite having putting in appearance through counsel in the Court on 22.11.2019 and availing of numerous opportunities for the purpose their defence was struck off vide order dated 14.7.2022, which left such defendants aggrieved and they have approached this Court by way of filing the present Revision Petition.

Keeping in view the nature of request, I find that issuance of notice to the plaintiff is not required. After hearing learned counsel for the revision petitioners and going through the record, I find that though the trial Court was fully justified in passing the order and no illegality or infirmity can be found there with, however, in the interest of justice to ensure that the PARVINDER SINGH 2022.12.22 16:30 I attest to the accuracy and authenticity of this document

CR No. 6102 of 2022 revision petitioners are not condemned unheard, one more opportunity is required to be given to them to file written statements, of course subject to payment of cost.

As such, the impugned order is set aside and revision petitioners are granted one opportunity to file written statements subject to payment of Rs.10,000/- as costs. The cost be paid to the plaintiff in the form of demand draft in the name of plaintiff which be handed over to him/his counsel in the trial Court. It is stated that the next date of hearing is 2.1.2023 before the trial Court. The demand draft be handed over to the plaintiff/his counsel on that date and then written statement be also filed on that very date. It is made clear that payment of cost shall be condition precedent for allowing the revision petitioners to file written statements. No further adjournment for the purpose shall be granted. The Revision Petition is allowed accordingly. (H.S. MADAAN) JUDGE December 21, 2022 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2022.12.22 16:30 I attest to the accuracy and authenticity of this document