Krishan And ANR v. Arjun And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-7728-2019 Decided on : 04.12.2019 Krishan and another ...... Petitioners

Versus

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

Mr. J.S.Dahiya, Advocate for the petitioners.

**** Manjari Nehru Kaul, J.

The instant petition has been filed against the order dated 25.09.2019 (Annexure P-1) passed by the learned Addl. Civil Judge (Sr. Divn.) Rohtak whereby the defence of defendants No.1 and 2/petitioners has been struck off.

Learned counsel for the petitioner contends that the defence of the petitioners has been struck off as the written statement could not be filed within the stipulated period. Learned counsel further submits that a liberal view be taken and one more opportunity be granted to the petitioners to file the written statement as the case is still at the initial stage. 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 25.09.2019 passed by the learned Addl. Civil Judge (Sr.Divn.) Rohtak is set aside and one last opportunity is granted to the petitioners to file their written statement subject to payment of ` 5,000/- as costs, which shall be SONIA BURA 2019.12.06 12:41 I attest to the accuracy and integrity of this document chandigarh

CR-7728-2019 -2deposited with the District Legal Services Authority, Rohtak on the date already fixed before the Court below.

(MANJARI NEHRU KAUL) JUDGE 04.12.2019 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2019.12.06 12:41 I attest to the accuracy and integrity of this document chandigarh