IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 124 CR-6812-2025 (O&M) Date of Decision:24.09.2025 Pawan Kumar …..Pe22oner Vs. Balwinder Kumar and Others .….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Vivek Gupta, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) Peoner herein is defendant No.3 before learned Addional Civil Judge (Senior Division), Barnala in civil suit bearing No.CS-922-2020 tled as “Balwinder Kumar vs. Mohan Lal”. He is aggrieved by the order dated 14.07.2025 (Annexure P-1), whereby his defence was struck off. Perusal of the impugned order would reveal that peoner- defendant No.3 had put in appearance before the trial Court on 05.03.2021 but despite availing various opportunies in the last more than four years, he had failed to file wri;en statement and compelled by these circumstances, his defence was struck off on 14.07.2025. It is submi;ed by learned counsel for the peoner that there is lapse on the part of the peoner in non-filing the wri;en statement but case is sll at preliminary stage as defendant No.4 is yet to be served and besides this applicaon for impleading the LRs of defendant No.5 is also pending for consideraon. NEETIKA TUTEJA 2025.09.24 17:31 I attest to the accuracy and integrity of this document CR-6812-2025 (O&M) -2- Although there has been sheer lapse on the part of peoner in not filing the wri;en statement for the last more than four years but taking into account the fact that service on all the defendants is not complete ll date, trial Court is directed to provide one opportunity to the peoner-defendant No.3 to file his wri;en statement subject to cost of ₹10,000/- payable to the respondent-plainff Balwinder Kumar through Demand DraA. The trial Court shall fix a date for filing wri;en statement and payment of cost by way of Demand DraA shall also be made on the same date. Since this order is passed without issuing any noce to the respondent-plainff, lest it may delay the disposal of the ma;er before the trial Court, therefore, respondent will be at liberty to approach this Court, in case, he feels aggrieved. (DEEPAK GUPTA) JUDGE September 24, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.09.24 17:31 I attest to the accuracy and integrity of this document