CR-3325-20 IN THE HI 131 Sourabh and Sarno Devi a CORAM: H Present: - NIDHI GUP 1. No. 1 is take 2. (respondent of order da Additional C bearing No. of the India defence of th 3. follows:- 25.05.2023 the Act bea 2026 -1- E HIGH COURT OF PUNJAB AND H CR-33 Date o bh and others Versus Devi and others M: HON'BLE MS. JUSTICE NIDH Mr. GC Shahpuri, Advocate for Mr. Manoj Pundir, Advocate for contesting respondent No. Mr. Abhay Gupta, Advocate for (through Video Conferencing). I GUPTA, J. (ORAL) Memo of appearance filed on be is taken on record. The present revision petition ha ndent No. 6 to 8 before the learned tria der dated 02.12.2024 (Annexure onal Civil Judge (Senior Division), No. SUCC/26/2023, filed by respon Indian Succession Act, 1925 (for s e of the petitioners has been struck off Brief facts of the case in c 2023: Respondent No. 1 had filed a p ct bearing No. SUCC/26/2023 (An ND HARYANA AT CHANDIGARH 3325-2026 Date of Decision: 05.05.2026 .…Petitioner .... Respondents NIDHI GUPTA ate for the petitioners. No. 1. ate for respondent No. 4 cing). d on behalf of contesting respondent tion has been filed by the petitioners ed trial Court) seeking setting aside ure P-6) passed by the learned ion), Jagadhari passed in a petition respondent No. 1 under Section 372 (for short-‘the Act’); whereby the uck off. in chronological order are as ed a petition under Section 372 of 3 (Annexure P-1) for grant of dent s side rned ition 372 the RISHU KATARIA 2026.05.06 19:52 I attest to the accuracy and authenticity of this order/judgment. CR-3325-20 succession c Gratuity, pe benefits etc. died on 30.1 08.12.2023 have appear Attorney has 19.02.2024 adjourned respondents taken up on 02.04.2024 31.07.2024 f 31.07.2024 respondents granted to t ₹500/- each was adjourne 21.08.2024 statement on and second further costs and the case 06.09.2024 petitioners a and 21.08.20 2026 -2- sion certificate pertaining to the se ty, pension, leave encashment, insu ts etc. on account of death of her hu n 30.10.2022 intestate. 2023 (Annexure P-3): The petitioner appeared for the first time through t ey has also been filed and the case w 2024: Vide order dated 19.02.2024 (A for 02.04.2024 for filing wr dents No. 2, 3 and 6 to 8/petitioners h up on 01.04.2024 as the learned Presid 2024 and 03.04.2024. As such, the 2024 for the purpose already fixed. 4 (Annexure P-7): Again writt dents No. 3, 6 to 8 had not been file d to them for filing written stateme each to be deposited in DLSA, Yam journed to 21.08.2024. 2024 (Annexure P-8): On 21.08.202 ent on behalf of respondents No. 3 an cond last opportunity was granted t r costs of ₹500/- each to be deposited e case was adjourned to 06.09.2024. 2024 (Annexure P-9): Again reply ners and even the costs as imposed v .08.2024 (Annexure P-7 and P-8, resp the service benefits i.e. G.P.F., t, insurance/GIS and other death her husband Ashok Kumar, who itioners along with co-respondents ough their counsel and Power of case was adjourned to 19.02.2024. (Annexure P-4), the case was g written statement on behalf ners herein. However, the file was Presiding Officer was on leave on h, the matter was adjourned to written statement on behalf of en filed and last opportunity was tatement/reply subject to costs of , Yamuna Nagar; and the matter 08.2024, once again reply/written o. 3 and 6 to 8 has not been filed nted to the petitioners subject to posited in DLSA, Yamuna Nagar; eply had not been filed by the osed vide orders dated 31.07.2024 8, respectively) had also not been RISHU KATARIA 2026.05.06 19:52 I attest to the accuracy and authenticity of this order/judgment. CR-3325-20 deposited by to do the ne the situation fourth last op as to comply adjourned to with the peti 02.12.2024 Court vide 4. the petitione of bona fi communicat learned trial petitioners vide orders respectively) undertakes t Yamuna Na 02.12.2024 (respondents effective op reasonable c 5. he has ‘no o the petitione 2026 -3- ited by the petitioners. Third last oppo the needful and the case was adjourne uation on the subsequent date of hea last opportunity was granted to the pe omply with the orders (Annexure P ned to 02.12.2024. Copy of order da he petition as (Annexure P-6). 2024: Defence of the petitioners was s impugned order dated 02.12.202 Learned counsel for the petitio titioners were unable to file the writte a fide misguidance, inadvertent unication on the part of their counsel d trial Court. It is, however, admitte that the costs of ₹500/- each impo rders dated 31.07.2024 and 21.08.20 tively) have not been deposited by akes that the petitioners shall deposit na Nagar. Learned counsel prays tha 2024 (Annexure P-6) may be set ndents No. 6 to 8 before the learned tr opportunity to file written statem able costs. Learned counsel for contesting ‘no objection’ in case, one effective o titioners to file their written statement/ opportunity was granted to them djourned to 08.12.2024. Similar is of hearing i.e. on 08.12.2024 and the petitioners to file reply as well re P-7 and P-8) and the case was rder dated 08.12.2024 is annexed was struck off by the learned trial 2.2024 (Annexure P-6). petitioners, inter alia, submits that written statement/reply on account rtent lapses and lack of proper ounsel representing them before the dmitted by learned counsel for the h imposed by the learned trial Court 1.08.2024 (Annexure P-7 and P-8, d by the petitioners till date; and eposit the aforesaid costs in DLSA, ays that the impugned order dated be set aside and the petitioners rned trial Court) may be granted one statement, subject to payment of esting respondent No. 1submits that ctive opportunity may be granted to ement/reply. that ount oper the the ourt 8, and SA, ated ners one t of that d to RISHU KATARIA 2026.05.06 19:52 I attest to the accuracy and authenticity of this order/judgment. CR-3325-20 6. case file in g 7. 04 last oppo written state upon the p 21.08.2024 ( statement, b costs have a justification to the petitio view the pri play; but w averments m impugned o directed that their written paid by the next date of petition shal 8. 05.05.2026 rishu 2026 -4- I have heard learned counsel fo ile in great detail. Perusal of the case file shows th t opportunities have been granted to n statement/reply. Even costs of ₹500/ the petitioners 02 times vide or 2024 (Annexure P-7 and P-8, respectiv ent, but the needful has not been do have also not deposited by the petit cation to entertain the prayer for gran petitioners for filing written statemen principles of natural justice, equi but without commenting upon merit ents made in the petition, this petition ned order dated 02.12.2024 (Annex that the petitioners be granted one e ritten statement/reply, however, subje y the petitioners directly to contestin ate of hearing viz 15.05.2026, failin n shall be deemed to be dismissed. Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable nsel for the parties and perused the ows that 06 opportunities including ted to the petitioners to file their 500/- each has also been imposed de orders dated 31.07.2024 and spectively) for not filing the written een done. Moreover, the aforesaid e petitioners. As such, there is no r grant of one effective opportunity atement/reply. However, keeping in , equity, good conscience and fair merits of the case as well as the etition is being disposed of; and the Annexure P-6) is set aside. It is one effective opportunity to submit subject to costs of ₹50,000/- to be ntesting respondent No. 1 on or by failing which the instant revision any, shall also stand disposed of.
( NIDHI GUPTA ) JUDGE ned Yes/No Yes/No the ding their osed and itten said s no nity g in fair the the It is bmit o be r by sion RISHU KATARIA 2026.05.06 19:52 I attest to the accuracy and authenticity of this order/judgment.