CR-1434-20 IN THE HI 125 M/s Ace Con Rohitash Ku CORAM: H Present: - NIDHI GUP 1. defendants P-11) passed Derabassi, D 2022, titled another’; wh off. 2. follows:- 28.01.2022 (Annexure P of ₹18,86,80 17.02.2022 17.02.2022 ( 2026 -1- E HIGH COURT OF PUNJAB AND H CR-14 Date o ce Constructions and another Versus sh Kumar Kothari M: HON'BLE MS. JUSTICE NIDH Mr. Manoj Kumar and Ms. Meh for the petitioners. I GUPTA, J. (ORAL) The present revision petition ha ants seeking setting aside of order passed by the learned Additional C assi, District SAS Nagar Mohali in a titled as ‘Rohitash Kumar Kothari ; whereby the defence of the petition Brief facts of the case in c 2022: Respondent-plaintiff had filed xure P-1) for recovery under Order X ,86,803/-. 2022: The petitioner-defendants ha 2022 (Annexure P-2) for recording the ND HARYANA AT CHANDIGARH 1434-2026 Date of Decision: 11.03.2026 .… Petitioners .... Respondent NIDHI GUPTA s. Mehak Sharma, Advocates tion has been filed by the petitioner- order dated 23.10.2025 (Annexure nal Civil Judge (Senior Division), in a civil suit bearing No. CS-95- othari vs. ACE Constructions and etitioner/defendants has been struck in chronological order are as filed Civil Suit No. CS-95-2022 rder XXXVII CPC for the amount ts have filed application dated ing their appearance. xure ion), and ruck RISHU KATARIA 2026.03.12 12:17 I attest to the accuracy and authenticity of this order/judgment. CR-1434-20 28.03.2022 judgment wa 01.04.2022 01.04.2022 ( adjourned fo 18.04.2023 25.07.2023 filed by the order to avoi 21.08.2023 dated 18.04. parte was se 21.01.2025 22.07.2025 filed by the p 02.09.2025 to file writt (Annexure P 23.10.2025 Court vide 3. submits that the learned c It is, howeve been append to support th 2026 -2- 2022: Vide order dated 28.03.2022 (A ent was served upon the petitioner-def 2022: Thereafter, the petitioners have 2022 (Annexure P-4) seeking leave t ned for filing reply to the application f 2023: The petitioner-defendants were 2023: Vide order dated 25.07.2023 y the respondent-plaintiff for substitu to avoid multiplicity of litigation. 2023: Vide order dated 21.08.2023 18.04.2023 whereby the petitioner/de was set aside. 2025: Amended title (Annexure P-7) w 2025: Vide order dated 22.07.2025 y the petitioner-defendants for leave to 2025: On the next date of hearing i.e. written statement; and matter wa re P-10). 2025: Defence of the petitioner was st the impugned order dated 23.10.2 Learned counsel for the peti ts that the petitioners were unable to rned counsel representing the petition owever, admitted that no medical reco ppended by the petitioners along with port their contention. Further, learned 022 (Annexure P-3), notice of the defendants. rs have filed an application dated leave to defend and the case was ation for leave to defend. were proceeded against ex parte. .2023 (Annexure P-5) application ubstitution of title was allowed in .2023 (Annexure P-6), the order ner/defendants were proceeded ex 7) was filed. .2025 (Annexure P-9) application eave to defend was allowed. g i.e. 02.09.2025, petitioner failed er was adjourned to 23.10.2025 was struck off by the learned trial 3.10.2025 (Annexure P-11). e petitioner/defendants, inter alia ble to file the written statement as, etitioner/defendants was indisposed. al record of said learned counsel has g with the present revision petition arned counsel submits that it is only t as, sed. l has only RISHU KATARIA 2026.03.12 12:17 I attest to the accuracy and authenticity of this order/judgment. CR-1434-20 on one date statement. 23.10.2025 defendants statement, su 4. perused the c 5. averments m equity, good without issu further delay P-11) is set effective opp to costs of plaintiff on t stated to be 1 deemed to be 6. 11.03.2026 rishu 2026 -3- e date that the petitioner-defendants h It is accordingly, prayed that 2025 (Annexure P-11) may be se may be granted one effective , subject to payment of reasonable I have heard learned counsel fo d the case file in great detail. Without commenting upon mer ents made in the petition, but in view o , good conscience and fair play; this t issuing Notice of Motion to the r delay be matter; the impugned order is set aside. It is directed that the ve opportunity to submit their written ts of ₹50,000/- to be paid by the on the next date of hearing before th to be 18.03.2026, failing which the in d to be dismissed. Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable ants have failed to file their written d that the impugned order dated be set aside and the petitioner/ fective opportunity to file written nable costs. nsel for the petitioner/defendant and on merits of the case as well as the view of principles of natural justice, ; this petition is being disposed of the respondent as that will only order dated 23.10.2025 (Annexure at the petitioners be granted one written statement, however, subject them directly to the respondent- fore the learned trial Court which is the instant revision petition shall be any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE ned Yes/No Yes/No itten ated itten the tice, only xure one ject is ll be RISHU KATARIA 2026.03.12 12:17 I attest to the accuracy and authenticity of this order/judgment.