Ajaib Singh v. Sahib Singh And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-7706-2019 Decided on : 09.12.2019 Ajaib Singh ...... Petitioner

Versus

Sahib Singh & ors.

...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Deepak Arora, Advocate for the petitioner.

**** Manjari Nehru Kaul, J.

This petition has been filed against the order dated 19.12.2018 (Annexure P-2) passed by the learned Civil Judge (Jr. Divn.) Gurdaspur whereby the defence of the defendant/petitioner has been struck off. Learned counsel for the petitioner contends that the defence of the petitioner has been struck off as the written statement could not be filed within the stipulated period despite the fact that number of opportunities were granted for the same. Learned counsel further prays for one more opportunity to the petitioner to file the written statement subject to payment of costs. In view of the above, this Court deems it appropriate 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. Accordingly, this revision petition is allowed.

The order dated 19.12.2018 passed by the learned Civil Judge (Jr. Divn.) Gurdaspur is set aside and one last opportunity is granted to the petitioner to file his written statement subject to payment of ` 5,000/- as costs, which shall be paid to the respondent on the date already fixed before the Court below. (MANJARI NEHRU KAUL) JUDGE 09.12.

Yes/No Whether reportable :

Yes/No SONIA BURA 2019.12.13 16:36 I attest to the accuracy and integrity of this document chandigarh