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High Court of Himachal Pradesh · body

2025 DAILYLAW 33220 (HP)

SHER SINGH AND ANOTHER v. REETA DEVI AND ORS

CMPMO/549/2025 · 2025-12-09

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No.549 of 2025 Decided on 09th December 2025 Sher Singh and another …Petitioners Versus Reeta Devi and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioners: Mr. Goldy Kumar, Advocate. For the respondent: Mr. Sat Parkash, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have assailed order dated 30.06.2025, in terms whereof, the application filed by the petitioners, who is the defendants before the learned Trial Court for extension of time to file the written statement stands dismissed. 2. Having heard learned counsel for the petitioners and having perused the order passed by the learned Trial Court, though, this Court does not find any perversity therein, but, taking into consideration the fact that alongwith the 2 application filed under Section 148 of the Civil Procedure Code, the copy of written statement was also appended, this Court is of the considered view that it would be in the interest of justice, in case, the order passed by the learned Trial Court is modified and the written statement so filed is ordered to be taken on record so that the matter can be decided on merit. Ordered accordingly. 3. The order passed by the learned Trial Court dated 30.06.2025 is modified to the extent that the written statement that has been filed by the petitioners be taken on record in case cost of Rs.15,000/- is paid by the petitioners to the respondents i.e., to the plaintiff on the next date of hearing. In case, the cost is not paid by way of a bank draft to the plaintiff on the next date of hearing, then, this order will loose its efficacy. Parties through counsel to appear before the learned Trial Court on 22.12.2025, on which date, the cost shall be paid by the petitioners/defendants to the respondent/plaintiff. As observed hereinabove, if cost is not paid on the said date, by the defendants to the plaintiff, this order will loose its efficacy. 3 4. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge December 09, 2025 (Vinod)