CR-441-202 IN THE HIG 135 Municipal C Nitin Kumar CORAM: H Present: - NIDHI GUP 227 of the C Corporation, (Annexure P the petitione written state 4), passed Panchkula, petitioner/de also been dis Corporation, 2025 -1- HIGH COURT OF PUNJAB AND HA ipal Corporation, Panchkula Versus Kumar and others M: HON'BLE MS. JUSTICE NIDH Mr. Jagdish Manchanda, Advoc I GUPTA, J. (ORAL) By way of filing the present re the Constitution of India, the petition ration, Panchkula, assails the impug xure P-2) passed by the learned trial C titioner/defendant No. 3 was struck n statement; AND impugned order da ssed by the learned Additional Civ kula, whereby the application under ner/defendant No. 3 for recalling the een dismissed. Learned counsel for the petition ration, submits that respondent No. 1 D HARYANA AT CHANDIGARH CR-441-2025 Date of Decision: 23.01.2025 .… Petitioner .... Respondents NIDHI GUPTA Advocate for the petitioner. sent revision petition under Article etitioner/defendant No. 3-Municipal impugned order dated 11.12.2024 trial Court whereby the defence of truck off and not permitted to file rder dated 24.12.2024 (Annexure P- al Civil Judge (Senior Division), under Section 151 CPC filed by ing the order dated 11.12.2024 has etitioner/defendant No. 3-Municipal No. 1-plaintiff had filed a suit for ticle ipal 024 of file ion), by has ipal t for RISHU KATARIA 2025.01.27 15:45 I attest to the accuracy and authenticity of this order/judgment. CR-441-202 permanent in was proceed the learned adjourned to Order I Rul Order I Rul 11.12.2024 However, on to file writt struck off. application 11.12.2024 a by the learn Thus, it is pr 24.12.2024 ( the petitione written state learned coun the case, bu conscience a Notice of M matter; the im 2025 -2- nent injunction on 21.01.2024; and th roceeded against ex parte on 27.08.202 arned trial Court vide order dated 2 ned to 11.11.2024, for consideration o I Rule 10 CPC. On 11.11.2024, the I Rule 10 CPC was disposed of an 2024 for submission of written s ver, on 11.12.2024 also, the petitioner written statement whereupon the off. Thereafter, the petitioner/de ation under Section 151 CPC for r 2024 along with written statement, bu learned trial Court vide order dated it is prayed that the both the impugned 2024 (Annexures P-2 and P-4, respec titioner/defendant No. 3 may be gra n statement. Heard. Having given thoughtful consid d counsel for the petitioner and withou se, but in view of principles of n ence and fair play; this petition is bein of Motion to the respondents as tha the impugned orders dated 11.12.202 and the petitioner/defendant No. 2 .08.2024; that order was set aside by ated 21.10.2024 and the case was ation on the application filed under 24, the aforesaid application under of and the case was adjourned to tten statement by the petitioner. titioner/defendant No. 3 was unable the defence of the petitioner was ner/defendant No. 3 moved an for recalling of the order dated ent, but the same too was dismissed dated 24.12.2024 (Annexure P-4). pugned orders dated 11.12.2024 and respectively) may be set aside and be granted one opportunity to file consideration to the submissions of without commenting upon merits of s of natural justice, equity, good is being disposed of without issuing as that will only further delay the 12.2024 and 24.12.2024 (Annexures o. 2 by was nder nder d to ner. was an ated ssed . and and file s of ts of ood uing the ures RISHU KATARIA 2025.01.27 15:45 I attest to the accuracy and authenticity of this order/judgment. CR-441-202 P-2 and P petitioner/de one opportun 23.01.2025 rishu 2025 -3- nd P-4, respectively) are set aside ner/defendant No. 3-Municipal Corpo portunity to file its written statement Pending application(s), if any, s 2025 Whether speaking/reasoned Whether Reportable aside; and it is directed that the Corporation, Panchkula be granted ment before the learned trial Court. any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No the nted RISHU KATARIA 2025.01.27 15:45 I attest to the accuracy and authenticity of this order/judgment.