INDERJIT SINGH AND OTHERS v. JASVIR SINGH AND ANOTHER
CR/2272/2025 · 2025-04-09
Vikas Bahl
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45252 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45252 (PNJ) · dailylaw.ai ]
Judgment text
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CR-2272-2025(O&M)
1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***
CR-2272-2025 (O&M)
Date of decision : 09.04.2025 Inderjit Singh and others ... Petitioners Versus Jasvir Singh and another ... Respondents
CORAM:
HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr.Harkaran Singh, Advocate for the petitioners.
VIKAS BAHL, J.(ORAL)
1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 25.11.2024 (Annexure P-3) passed by the Additional Civil Judge (Sr.Div.), Fatehgarh Sahib, vide which the defence of the petitioners was struck off.
2.
Learned counsel for the petitioners has submitted that in the present case, the petitioners-defendants no.1 to 3 had appeared before the trial Court on 15.11.2023 and the defence of the petitioners was struck off on 25.11.2024. It is submitted that the case is now listed for 09.05.2025 and no witness has been examined. It is submitted that the petitioners are the only defendants and in case the petitioners are not granted opportunity to file written statement, then, irreparable loss would be caused to the petitioners and for the inconvenience caused to the respondents-plaintiffs, the petitioners are ready to pay the adequate costs. Davinder Kumar 2025.04.09 14:18 I attest the accuracy and authenticity of this order /
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CR-2272-2025(O&M)
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3. Keeping in view the above said facts and circumstances, this Court is of the opinion that one last opportunity should be granted to the petitioners to file written statement and accordingly, the present petition is partly allowed and the impugned order dated 25.11.2024, to the extent that the defence of the petitioners has been struck off, is set aside and the petitioners are granted one last opportunity to file written statement within a period of three weeks from today by moving an application before the trial Court and the same would be subject to the petitioners depositing costs of Rs.30,000/- within a period of three weeks from today in the trial Court and the said amount would be released to the respondents-plaintiffs by the trial Court.
4. It is made clear that in case the abovesaid costs is not deposited, then the present petition shall be deemed to have been dismissed.
5. In the present case, no notice is being issued to the respondents as issuance of notice to them would further delay the proceedings and would also entail expenses for the respondents to defend the present revision petition. However, it would be open to the respondents to move an application for recalling the present order in case any of the statement made before this Court is found to be false/incorrect.
(VIKAS BAHL) JUDGE April 09, 2025. Davinder Kumar Whether speaking / reasoned Yes/No Whether reportable Yes/No Davinder Kumar 2025.04.09 14:18 I attest the accuracy and authenticity of this order /
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