IN THE HIGH COURT OF PUNJAB AND HARYANA 129 Jit Singh @ Ajit Singh @ Ranjit Singh and others Manjit Kaur and others CORAM: Present:- NIDHI GUPTA J. (Oral) order dated Additional Civil Judge (Sr. Divn.), No.292/2024 vide which passed by the learned Nagar:- CR-2243-2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2243 of 2025 Date of decision : Jit Singh @ Ajit Singh @ Ranjit Singh and others Versus Manjit Kaur and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Manu K. Bhandari, Advocate with Mr. Manu Gaur, Advocate and Mr. Arjun Sawhni, Advocate for the petitioners. Mr. Avin Sandhu, Advocate for the respondents. NIDHI GUPTA J. (Oral) Prayer in this petition is for setting aside the impugned order dated 24.2.2025 (Annexure P-1 Additional Civil Judge (Sr. Divn.), SAS Nagar 292/2024, titled as ‘Manjeet Kaur vs. Jagjit Singh and others vide which defence of the petitioners has been struck off On 24.02.2025, the following impugned order was passed by the learned Additional Civil Judge (Sr. Divn.), “Written statement and reply on behalf of defendant No. 1 to 4 again not filed. An adjournment is requested. Perusal of the file shows that on the previous date of hearing last opportunity has been granted to the defendant 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2243 of 2025 (O & M) Date of decision :-08.04.2025 Jit Singh @ Ajit Singh @ Ranjit Singh and others …..Petitioners …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Manu K. Bhandari, Advocate with Mr. Manu Gaur, Advocate and Mr. Arjun Sawhni, Advocate Advocate for the respondents. Prayer in this petition is for setting aside the impugned 1) passed by the learned SAS Nagar, in Civil Suit Manjeet Kaur vs. Jagjit Singh and others’, defence of the petitioners has been struck off. the following impugned order was Additional Civil Judge (Sr. Divn.), SAS Written statement and reply on behalf of defendant No. 1 to 4 again not filed. An adjournment is requested. Perusal of the file shows that on the previous date of hearing last opportunity has been granted to the defendant VIJAY ASIJA 2025.04.09 16.32 I attest to the accuracy and integrity of this document the written statement, the oldest revenue record was necessary and since the petitioners procured the revenue records from the year 1967 to 1968 only, 19.11.2024, the petitioners sought and to file the written statement on 04.1.2025. efforts the complete revenue record, which was utmost essential for the purpose be made available, the petitioners, again on 04.1.2025 sought further time to file the written statement. 24.2.2025 and another last opportunity was granted to the petitioner CR-2243-2025 (O & M) No. 1 to 4 for filing written stat Perusal of the file shows that defendant No. 1 to 3 put their appearance in the present case for the first time on 30.05.2024 and defendant No.4 put his appearance in the present case for the first time on 09.10.2024 but till date written and reply on behalf of the defendant No. 1 to 4 not filed. Further perusal of the file shows that more than 90 days has been elapsed. No plausible case is made out to adjourn the case for filing written statement by defendant No. 1 to 4. Hence, the defence of defendant No. 1 to 4 are ordered to be struck off. Notice issued to defendant no. 6 received back unserved. Let, fresh notice to defendant No. 6 be issued for 09.04.2025 through ordinary process as well as through RC/AD. Dasti summons be given, as provided under Order 5 Rule 9A of CPC.” Learned counsel for the petitioners the written statement, the oldest revenue record was necessary and since the petitioners procured the revenue records from the year 1967 to 1968 only, therefore, on the next coming date i.e. 19.11.2024, the petitioners sought and were to file the written statement on 04.1.2025. efforts the complete revenue record, which was utmost essential for the purpose of preparing and filing the written statement could not be made available, the petitioners, again on 04.1.2025 sought further time to file the written statement. The case was adjourned to 24.2.2025 and another last opportunity was granted to the petitioner 2 No. 1 to 4 for filing written statement and reply. Perusal of the file shows that defendant No. 1 to 3 put their appearance in the present case for the first time on 30.05.2024 and defendant No.4 put his appearance in the present case for the first time on 09.10.2024 but till date written statement and reply on behalf of the defendant No. 1 to 4 not filed. Further perusal of the file shows that more than 90 days has been elapsed. No plausible case is made out to adjourn the case for filing written statement by defendant No. 1 to he defence of defendant No. 1 to 4 are ordered to be struck off. Notice issued to defendant no. 6 received Let, fresh notice to defendant No. 6 be issued for 09.04.2025 through ordinary process as well as through RC/AD. Dasti summons be n, as provided under Order 5 Rule 9A of petitioners submits that to file the written statement, the oldest revenue record was necessary and since the petitioners procured the revenue records from the year therefore, on the next coming date i.e. were granted last opportunity to file the written statement on 04.1.2025. However, despite best efforts the complete revenue record, which was utmost essential for of preparing and filing the written statement could not be made available, the petitioners, again on 04.1.2025 sought further The case was adjourned to 24.2.2025 and another last opportunity was granted to the petitioners VIJAY ASIJA 2025.04.09 16.32 I attest to the accuracy and integrity of this document to file the written statement. On 24.2.2025 also the petitioners remained unsuccessful in getting the relevant revenue records, impugned order dated above, has been pa defence of the petitioners was ordered to be struck off. impugned order dated 24.2.2025, on 18.03.2025 the petitioners succeeded in getting the requisite revenue records (Jamabandis) from the year 196 are ready to file the written statement. Learned counsel submits that the petitioners dated 24.2.2025 (Annexure P learned counsel submits that one effective opportunity may be granted to the grave injustice will be caused to so. Court, accepts notice on behalf of respondents and submits that he has no objection if the prayer of the petitioner is allowed subject to payment of costs. petition is P-1) is set aside. The learned Court below is directed to grant one effective opportunity to enable the petitioner CR-2243-2025 (O & M) to file the written statement. On 24.2.2025 also the petitioners remained unsuccessful in getting the relevant revenue records, impugned order dated 24.02.2025 (Annexure P has been passed by the learned trial Court, whereby the defence of the petitioners was ordered to be struck off. Learned counsel submits that after passing of the said impugned order dated 24.2.2025, on 18.03.2025 the petitioners succeeded in getting the requisite revenue records (Jamabandis) from the year 1967-68 onwards, pertaining the land in dispute and are ready to file the written statement. Learned counsel submits that the petitioners would suffer irreparable loss if the impugned order 24.2.2025 (Annexure P-1) is not set aside. At the very outset, learned counsel submits that one effective opportunity may be granted to the petitioners herein to file the written statement grave injustice will be caused to them if they are Notice of motion. Mr. Avin Sandhu, Advocate, Court, accepts notice on behalf of respondents and submits that he has no objection if the prayer of the petitioner is allowed subject to payment of costs. Accordingly, keeping in view the above facts petition is allowed and impugned order dated ) is set aside. The learned Court below is directed to grant one effective opportunity to enable the petitioner 3 to file the written statement. On 24.2.2025 also the petitioners remained unsuccessful in getting the relevant revenue records, the (Annexure P-1), reproduced ssed by the learned trial Court, whereby the defence of the petitioners was ordered to be struck off. that after passing of the said impugned order dated 24.2.2025, on 18.03.2025 the petitioners succeeded in getting the requisite revenue records (Jamabandis) 68 onwards, pertaining the land in dispute and are ready to file the written statement. Learned counsel submits that would suffer irreparable loss if the impugned order ) is not set aside. At the very outset, learned counsel submits that one effective opportunity may be file the written statement, as they are not permitted to do Mr. Avin Sandhu, Advocate, who is present in the Court, accepts notice on behalf of respondents and submits that he has no objection if the prayer of the petitioner is allowed subject to Accordingly, keeping in view the above facts, this ugned order dated 24.2.2025 (Annexure ) is set aside. The learned Court below is directed to grant one effective opportunity to enable the petitioners herein to file their VIJAY ASIJA 2025.04.09 16.32 I attest to the accuracy and integrity of this document written statement to be paid April 08, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No CR-2243-2025 (O & M) written statement, however subject to payment of Rs. paid to the respondents within one week from today. Pending application(s), if any, stands disposed of. , 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 4 , however subject to payment of Rs.20,000/- as costs within one week from today. Pending application(s), if any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.04.09 16.32 I attest to the accuracy and integrity of this document