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2025 DAILYLAW 14432 (HP)

SUNANDA SOOD v. SUSHMA KAUSHAL AND ANOTHER

CMPMO/245/2025 · 2025-05-23

Satyen Vaidya

body2025

Judgment text

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2025:HHC:15721 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.245 of 2025 Decided on: 23.05.2025 Sunanda Sood ...Petitioner Versus Sushma Kaushal & another ...Respondents Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioner: Mr. Mukesh Sharma, Advocate. For the respondents: Nemo. Satyen Vaidya, Judge ( Oral ) The petitioner has assailed order dated 03.05.2025, passed by learned Senior Civil Judge, Bilaspur, in case No.19 of 2024, whereby the defence of the petitioner has been struck off by the order of the Court. 2. Learned trial Court has refused to grant the application of the petitioner filed under Section 151 of the Code of Civil Procedure for extension of time in filing the written statement on the ground that the averments made in the application were vague and insufficient. Learned trial Court has recorded that since the application for extension has been moved after six months and there was no disclosure as to the documents allegedly required by the defendant, it could not be allowed. 2 3. In the petition filed before this Court now, the petitioner has raised certain additional grounds showing his inability to file the written statement. However, since all such grounds were not before learned trial Court, no fault can be found with the impugned order. 4. The petition is accordingly dismissed. However, it will be open to the petitioner/defendant to approach learned trial Court for recalling of order dated 03.05.2025 on the grounds as now raised by the defendant before this Court and in the event of such application being filed, learned trial Court will consider and decide the same in accordance with law and if found necessary by recalling its earlier order. 5. Petition is accordingly disposed of along with pending application(s), if any. (Satyen Vaidya ) Judge 23rd May, 2025 (vt)