IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 120 CR-8056-2025 Date of Decision: 22.01.2026 Ashok Juneja …..Pe++oner Vs. Sushil Juneja and Another .….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Vijay Rana, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) Peoner herein is the defendant of civil suit No.1214 of 2024 tled “Sushil Juneja and anr. Vs. Ashok Juneja”. Suit was for separate possession by way of paron. During proceedings, the defence of the peoner-defendant has been struck off by the Court of learned Civil Judge (Junior Division), Ludhiana vide impugned order dated 16.09.2025 (Annexure P-16), which is assailed before this Court. 2. Though it is observed by the trial Court in the impugned order that more than 412 days had lapsed since the date of first appearance of the peoner-defendant but learned counsel has taken this Court through the various zimni orders passed by the Court in order to emphasize that peoner was not at fault. A:enon is drawn towards the fact that though the peoner had put in appearance on 31.07.2024, he was not supplied with copies of documents annexed with the plaint, due to which he had to move an applicaon for that purpose. Copy of that applicaon is (Annexure P-5). That applicaon was disposed of by the Court on 04.04.2025 (Annexure P-9). However, on the same date, the plainffs-respondents moved an applicaon for striking of the defence of the peoner. That applicaon was dismissed by the trial Court on 12.08.2025 (Annexure P-15) and the ma:er was adjourned to 16.09.2025. NEETIKA TUTEJA 2026.01.23 12:38 I attest to the accuracy and integrity of this document CR-8056-2025 3. Learned counsel submits that on the adjourned date of 16.09.2025, the peoner-defendant could not file the wri:en statement for the reasons beyond his control and that it was the first effecve opportunity for filing the wri:en statement and so, trial Court was harsh in striking of his defence. Learned counsel submits that peoner be provided only one opportunity so as to file his wri:en statement. 4. A?er considering the submissions of learned counsel for the peoner and a?er perusing the enre record, the present peon is hereby disposed of by direcng the trial Court concerned to provide one effecve opportunity to the peoner to file wri:en statement subject to cost of ₹10,000/- payable by way of Demand Dra? in favour of the plainffs-respondents. Payment of the said cost shall be condion precedent for granng opportunity to the peoner to file wri:en statement. 5. It is informed by learned counsel for the peoner that next date of hearing before the trial Court is 07.02.2026. As such, it is directed that peoner shall tender the dra? of ₹10,000/- on 07.02.2026 and on the same date, wri:en statement shall be filed. 6. The present peon stands disposed of accordingly. 7. Since this order has been passed without issuing any noce to the respondents-plainffs, in order to avoid unnecessary delay, therefore, respondents will be at liberty to approach this Court, in case, they feel aggrieved. (DEEPAK GUPTA) JUDGE January 22, 2026 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2026.01.23 12:38 I attest to the accuracy and integrity of this document