Gagandeep Chawla v. Manseerat Chawla And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (114) Date of Decision:-21.01.2026 Gagandeep Chawla ......Petitioner

Versus

Manseerat Chawla and others ......Respondents

CORAM:

HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL

Present:

Mr. M.S. Bhatti, Advocate for Mr. Madhup Munjal, Advocate for the petitioner. *** Amarinder Singh Grewal, J. (Oral) 1.

The present petition has been filed under Article 227 of the Constitution of India, seeking setting aside of the impugned order dated 24.10.2025 passed by the learned Civil Judge (Junior Division), Jalalabad, whereby the application filed by the petitioner has been dismissed and defence of the petitioner was struck off due to non-filing of the written statement.

 

   

  



         

   

 

    



   



 



 

  

  



   

   

 

 

     

 

  

  



   

     






  

  

 



  

  



   



 

 

    

 

 

     
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Thereafter, an application was moved by the petitioners/ defendants for setting-aside the order dated 25.07.2025 but the same was dismissed by holding that the petitioners/defendants have failed to file the written statement within the statutory period of 90 days. 4.

Learned counsel for the petitioner submits that due to one or the other reasons, the petitioner/defendants through their counsel could not file the written statement. He further submits that striking off the petitioners' defence at this stage would cause grave prejudice to their rights and adversely affect the fair trial of the case. Thus, for proper adjudication of the matter and in view of the fact that valuable rights of the petitioners are involved, it is necessary to grant one effective opportunity to the petitioners for filing of written statement.

5.

I have heard learned counsel for the petitioners and perused the paper book.

6.

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   7.

After hearing learned counsel for the petitioner and upon perusal of the case record, this Court is of the considered view that, since valuable rights of the petitioner are involved in the present case, it would be in the interest of justice to grant one effective opportunity for filing of

written statement in the suit pending before the learned trial Court. 8.

Accordingly, the present petition is allowed, without commenting upon the merits of the case. The impugned order dated 24.10.2025 passed by the learned Civil Judge (Junior Division), Jalalabad, is hereby set aside, subject to payment of costs of Rs. 5,000/-, which will be paid to the respondents/plaintiffs.

9.

The petitioner shall appear before the learned trial Court on the date fixed and on his production of proof qua payment of the costs to the respondents/plaintiffs, the trial Court shall grant one effective opportunity to the petitioner for filing of written statement. 10.

The Registry is directed to forward a copy of this order to Civil Judge (Junior Division), Jalalabad, for compliance. 11.

All pending application(s), if any, stand disposed of accordingly.

21.01.2026 (AMARINDER SINGH GREWAL) kanchan JUDGE Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No