2013:HHC:12491 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 92/2026 Decided on: 06.03.2026 Sudarshan & ors. …..Petitioners Versus Kushal Kumar & Ors. ….Respondents ______________________________________________________________ Coram: The Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the Petitioners: Mr. Arush Matlotia, Advocate. For the Respondents: Nemo Romesh Verma, Judge (oral) The present petition arises out of the order dated 29.12.2025, as passed by the learned Civil Judge, Kangra, District Kangra, H.P. whereby an application filed by the petitioners/defendants for enlargement of time to file written statement has been rejected. 2. Brief facts of the case are that the respondents/plaintiffs instituted a suit against the petitioners/defendants before the learned trial court under 1Whether reporters of the local papers may be allowed to see the judgment? Yes. 2 Sections 36 to 39 of the Specific Relief Act. The said suit came up for consideration before the learned trial court on 21.5.2025 when notices were issued to the petitioners/defendants. 3 On 26.05.2025, the petitioners/defendants put in appearance and thereafter, case was posted for 24.7.2025. Since on the said date, the Presiding Officer was on leave, therefore, the case was posted for 08.09.2025 and on the said date, an application under Section 148 read with Section 151 CPC for enlargement of time to file written statement was filed by the petitioners/defendants. However, the same was dismissed by the learned trial court vide order dated 29.12.2025 and defence of the petitioners/defendants was struck off by order of the Court. 4 Feeling dissatisfied with the aforesaid order, the petitioners/defendants have preferred the instant petition. 5 I have heard the learned counsel for the petitioners/defendants and have gone through the material available on case file. 6 Having gone through the material available on record, this Court is of the considered opinion that there is no infirmity in the impugned order, however in the attending facts and circumstances of the case and in order to do substantial 3 justice, time for filing the written statement is enlarged and the petitioners/defendants are permitted to file the written statement on or before 30.03.2026. 7 In the event of filing the written statement within the aforesaid stipulated period, the learned trial court is directed to accept and place the same on record and proceed with the matter in accordance with law. However, it is made clear that in case the written statement is not filed before 30.03.2026, in that event, order dated 29.12.2025, as passed by the learned trial court, shall revive. 8 Before parting, it is made clear that the aforesaid order is being passed in the peculiar facts and circumstances of the case, however subject to payment of costs of Rs.10,000/- to be paid to the plaintiff/respondent. 9 The parties are directed to appear before the learned trial court on 23.03.2026 on which date, the petitioners/defendants shall pay the costs of Rs.10,000/- to the respondents/plaintiffs. 10 The instant petition is disposed off in the aforesaid terms. Pending application application(s), if any, also stands disposed of. (Romesh Verma) 06.03.2026 Judge (pankaj)