2025:HHC:30596 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.492 of 2025 Decided on: 08.09.2025 Hari Krishan … Petitioner Versus Devinder Kumar … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Dhiraj Thakur, Advocate. For the respondent : Mr. Arun K. Verma, Advocate. Ajay Mohan Goel, Judge (Oral) Notice stands served. Mr. Arun K. Verma, learned Counsel, has put in appearance on behalf of the respondent. 2. By way of this petition, the petitioner has prayed for setting aside of order 08.05.2025, passed by the learned Trial Court, in terms whereof, the right of the petitioner to file written statement has been struck off. 3. Having heard learned Counsel for the parties and having perused the impugned order, though the order prima facie does not suffers from any vice as obviously the petitioner/ defendant was not filing the written statement, learned Trial Court was having no option, but to close the right of the said party to file written statement, however, to give one opportunity to the petitioner to file 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:30596 written statement in the peculiar facts of the case as mentioned in the petition, order dated 08.05.2025 is re-called and one more opportunity, as prayed for, is granted to the petitioner to file written statement, subject to costs of Rs.15,000/-. 4. The Court stands informed that the matter is listed before the learned Trial Court on 11.09.2025. In case, on 11.09.2025, costs of Rs.15,000/- is paid by the present petitioner to the respondent herein by way of a Bank Draft, then an opportunity shall be given by the learned Trial Court to the present petitioner to file written statement. In case, the costs is not paid on the said date, then this order will loose its efficacy and no opportunity will be granted to the present petitioner to file written statement and further, if after the grant of opportunity, written statement is not filed by the petitioner on or before the said date, then no further opportunity shall be granted. 5. The petition stands disposed of. Interim order, if any, stands vacated. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 08, 2025 (Rishi)