Gurnam Singh v. State Bank Of Patiala

CR-7665-2019 [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-7665-2019 Date of Decision : 02.12.2019 Gurnam Singh .......................................................Petitioner

VERSUS

State Bank of Patiala ......................................... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

Present:

Mr. H.P.S.Ghuman, Advocate for the petitioner.

...

MANJARI NEHRU KAUL, J.

Challenge in the instant revision petition is to the order dated 23.09.2019 passed by the learned Civil Judge (Sr. .Divn.) Nabha whereby the defence of the defendant/petitioner has been struck off as the defendant did not file his written statement inspite of availing 07 effective opportunities to do the same.

Learned counsel for the petitioner contends that though the written statement had been prepared, however due to the mistake of the counsel it could not be filed within the specified period. Hence, a liberal view be taken.

In view of the above, this Court deems it proper to dispose of the present revision petition without going into the merits of the case and without issuing notice of motion as it would only delay the proceedings. RUPINDER KAUR 2019.12.04 15:46 I attest to the accuracy and integrity of this document Accordingly, this revision petition is allowed. The order dated

CR-7665-2019 [ 2 ] 23.09.2019 passed by the learned Civil Judge (Sr. .Divn.) Nabha is set aside and one last opportunity is granted to the petitioner to file his written statement subject to payment of `5000/- as costs which shall be deposited with the District Legal Services Authority, Patiala, before 10.12.2019, the date already fixed before the Court below.

( MANJARI NEHRU KAUL ) JUDGE 02.12.2019 rupi Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No RUPINDER KAUR 2019.12.04 15:46 I attest to the accuracy and integrity of this document