Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 34705 (PNJ)

STATE OF HARYANA AND ANOTHER v. SUDESH

CR/2346/2025 · 2025-04-21

Deepak Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No.137 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.2346 of 2025 (O&M) Date of Decision:21.04.2025 Haryana State through Collector, Hisar and another .....Pe44oners Vs. Smt. Sudesh .....Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. R.K.S. Brar, Addl. AG, Haryana for the applicant- peoners. **** DEEPAK GUPTA, J. (Oral) By way of this revision filed under Arcle 227 of the Constuon of India, peoners – State of Haryana pray for se)ng aside the order dated 16.05.2023 and the subsequent order dated 09.10.2024 (Annexure P.3). 2. Suit for declaraon was filed by plainff – Smt. Sudesh (respondent herein) in which Haryana State through Collector, Hisar was impleaded as defendant No.1 and Haryana State through Director Secondary Educaonal, Haryana, Panchkula was impleaded as defendant No.2. Appearance on behalf of defendant No.1 was made on 04.03.2021 and that on behalf of defendant No.2 was made on 15.02.2023. As defendants failed to file the wri)en statement, their defence was struck off on 16.05.2023 and applicaon to recall the said order was dismissed on 09.10.2024. 3. Assailing the afore-said order, learned State Counsel submits that it is only defendant No.2, who was the contesng party and that only period of 90 days was allowed to file the wri)en statement. Learned State Counsel prays for granng only one opportunity to file the wri)en statement, submi>ng that case is sll at the stage of evidence of the plainffs. RENU 2025.04.22 13:41 I attest to the accuracy and integrity of this document Chandigarh CR No.2346 of 2025 (O&M) -2- 4. Without issuing any noce to the respondent, lest it may delay the proceedings, the present peon is hereby accepted by direcng the trial Court to provide one opportunity to the appellants- defendants to file the wri)en statement, subject to `5,000/- as costs payable to the respondent- plainff through a demand draB. Payment of cost of `5,000/- shall be condion precedent for filing the wri)en statement. The trial Court shall fix a date for filing the wri)en statement and then proceed further in accordance with law. 5. Since this order has been passed without issuing any noce to the respondent- plainff, therefore, the said respondent will be at liberty to approach this Court in case she feels aggrieved. 6. Disposed of. April 21, 2025 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2025.04.22 13:41 I attest to the accuracy and integrity of this document Chandigarh