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2025 DAILYLAW 37490 (HP)

JOGINDER SINGH v. MOHAN SINGH CHAUHAN AND ORS

CMPMO/714/2025 · 2025-12-03

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.714 of 2025 Decided on 03rd December 2025 Joginder Singh …Petitioner Versus Mohinder Singh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Ganesh Barowalia, Advocate. Ajay Mohan Goel, Judge (Oral) In the light of the grievance raised by the petitioner and in the light of the order which this Court intends to pass, the petition is being disposed of without issuance of notice to the contesting respondents. 2. The petitioner is aggrieved order dated 24.09.2025, in terms whereof, the right of the petitioner to file written statement in the Civil Suit has been closed. 3. Having heard learned counsel for the petitioner and having perused the impugned order, though, this Court is of the considered view that no perversity has been committed by the 2 learned Trial Court while closing the right of the petitioner to file written statement, however, in the light of the fact that the case is at its initial stage, on the request of learned counsel for the petitioner, the order passed by the learned Trial Court is modified to the effect that one opportunity shall be given by the learned Court below to the present petitioner to file written statement, which shall be filed on the next date of hearing which has been fixed by the learned Trial Court i.e., stated to be 07.01.2026. This will be subject to payment of cost of Rs.25,000/- by the present petitioner to Sh. Mohan Singh Chauhan, respondent No.1 that is the plaintiff before the learned Trial Court. If cost of Rs.25,000/- by way of a bank draft drawn in favour of Sh. Mohan Singh Chauhan plaintiff is made good by the petitioner on the next date of hearing before learned Trial Court, then, the learned Trial Court shall take on record the written statement to be filed by the petitioner. If the cost is not paid by the petitioner to the plaintiff on the said date, then, this order will loose its efficacy. 3 4. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge December 03, 2025 (Vinod)