CR-2345-20 IN THE HI 128 Smt. Parvati Sh. Ashok K CORAM: H Present: - NIDHI GUP 1. defendant (Annexure P Amritsar in a vs. Chairma right to file w 2. follows:- 10.04.2024 988-2024, ti Amritsar petitioner/de 10.04.2024 was issued to 12.07.2024 No. 2 herein 2026 -1- E HIGH COURT OF PUNJAB AND H CR-23 Date o arvati Devi Hospital Versus hok Kumar and another M: HON'BLE MS. JUSTICE NIDH Mr. Sukhandeep Singh, Advoca I GUPTA, J. (ORAL) The present revision petition h No. 2 seeking setting aside xure P-1) passed by the learned Ci in a civil suit bearing No. CS-988 airman Improvement Trust, Amritsa o file written statement was struck off. Brief facts of the case in c 2024: Respondent No. 1-plaintiff had 024, titled as ‘Ashok Kumar vs. Ch and another’ for manda ner/defendant No. 2 and defendant No 2024: Vide order dated 10.04.2024 (A sued to the defendants. 2024: Vide order dated 12.07.2024, herein was proceeded against ex parte ND HARYANA AT CHANDIGARH 2345-2026 Date of Decision: 12.03.2026 .… Petitioner .... Respondents NIDHI GUPTA dvocate for the petitioner. tition has been filed by petitioner- aside of order dated 20.08.2025 ed Civil Judge (Junior Division), 988-2024, titled as ‘Ashok Kumar mritsar and another’; whereby the ck off. in chronological order are as had filed a Civil Suit No. CS- Chairman Improvement Trust, mandatory injunction against ant No. 1/respondent No. 2 herein. 024 (Annexure P-2 Colly.) notice 2024, defendant No. 1/respondent parte as, despite service none had ion), the RISHU KATARIA 2026.03.16 19:44 I attest to the accuracy and authenticity of this order/judgment. CR-2345-20 put in appea opportunity upon defend No. 2/petitio plaint. 04.10.2024 No. 2 had a statement; a defendant N 07.11.2024 counsel for written state 20.01.2025 respective w imposed upo 11.02.2025 under Order Attorney qua to 02.04.202 02.04.2025 filed by def Section 151 arguments 11read with 2026 -2- appearance on its behalf before the l tunity was granted to respondent No. defendant No. 2/petitioner as, the su /petitioner have been received back un 2024: Thereafter, on 04.10.2024, d had appeared through counsel and ; and fresh summons were agai ant No. 2 for 07.11.2024 on filing of i 2024: The petitioner-defendant No. el for the first time; and both the def n statement. 2025: Again both the defendants hav tive written statements; and costs ed upon them for non-filing of the writ 2025: The petitioner/defendant No. Order VII Rule 11read with Section 15 qua the maintainability of the suit 4.2025 for filing reply to the said appl 2025: Respondent No. 1/plaintiff had y defendant No. 1 under Order VII n 151 CPC; and the case was adj on the application filed by the pet with Section 151 CPC. e the learned Trial Court; and last nt No. 1/plaintiff to effect service summons issued to defendant ack unserved for want of copy of 24, defendant No. 1/respondent l and sought time to file written e again ordered to be issued to ng of its correct address. No. 2 had appeared through the defendants sought time to file nts have sought time to file their costs of ₹500/- each had been he written statement. t No. 2 had filed an application tion 151 CPC along with Power of e suit; and the case was adjourned application. ff had filed reply to the application r VII Rules 11 and 14 read with as adjourned to 29.05.2025, for the petitoner under Order VII Rule RISHU KATARIA 2026.03.16 19:44 I attest to the accuracy and authenticity of this order/judgment. CR-2345-20 29.05.2025 No. 2 and th the petitione 20.08.2025 off by the le (Annexure P by both the d 3. No. 2 is a ch public at lar circumstance relevant app authorities o finalized wit appeared thr Court on 07. on 11.02.20 Rule 11 read The petition learned Tria Court only o filing the wr bona fide deliberate or 4. learned trial 2026 -3- 2025: None has put in appearance on and the case was adjourned to 20.08.20 titioner. 2025: Right to file written statement the learned trial Court vide the impug xure P-1) by considering that written h the defendants. Learned counsel, inter alia sub is a charitable hospital engaged in pro at large. It is submitted that due t stances, including collection of in approvals and securing proper ins ities of the charitable hospital, the w within the stipulated time. The pe red through its counsel for the first 07.11.2024 and sought time to file .02.2025, the petitioner had filed an read with Section 151 CPC qua th etitioner is actively participating in d Trial Court and had gone un-repres only on one date i.e. 29.05.2025. It i the written statement within the stipul de administrative circumstances a rate or contumacious conduct. Learned counsel submits that st d trial Court is at initial stage as, nce on behalf petitioner/defendant 0.08.2025 for awaiting presence of ement of the petitioner was struck impugned order dated 20.08.2025 ritten statement has not been filed submits that petitioner/defendant in providing medical services to the due to unavoidable administrative of institutional record, obtaining instructions from the governing the written statement could not be The petitioner/defendant No. 2 had first time before the learned trial to file written statement. Thereafter, ed an application under Order VII qua the maintainability of the suit. in the proceedings before the represented before the learned trial It is contended that the delay in stipulated time had occurred due to ces and not on account of any that still the proceedings before the no PW is present before the dant the tive ning ning be had trial fter, VII . the trial y in e to any the the RISHU KATARIA 2026.03.16 19:44 I attest to the accuracy and authenticity of this order/judgment. CR-2345-20 learned trial prayed that t set aside and opportunity costs. 5. and perused 6. averments m equity, good without issu further delay P-1) is set as opportunity ₹20,000/- to next date of 23.03.2026, be dismissed 7. 12.03.2026 rishu 2026 -4- d trial Court for the last 03 dates o that the impugned order dated 20.08 de and the petitioner/ defendant No. 2 tunity to file written statement, subje I have heard learned counsel f rused 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 r delay the matter; the impugned order s set aside. It is directed that the petiti tunity to submit its written statement, to be paid by it directly to the resp ate of hearing before the learned tria 2026, failing which the instant revisio missed. Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable ates of hearing. It is accordingly, 20.08.2025 (Annexure P-1) may be No. 2 may be granted one effective , subject to payment of reasonable nsel for petitioner/defendant No. 2 on merits of the case as well as the view of principles of natural justice, ; this petition is being disposed of the respondents as that will only d order dated 20.08.2025 (Annexure petitioner be granted one effective ement, however, subject to costs of he respondent No. 1-plaintiff on the ed trial Court which is stated to be revision petition shall be deemed to any, shall also stand disposed of.
( NIDHI GUPTA ) JUDGE ned Yes/No Yes/No gly, y be able the tice, only xure tive ts of the o be d to RISHU KATARIA 2026.03.16 19:44 I attest to the accuracy and authenticity of this order/judgment.