CR-4195-2019 (O&M) [1] 109 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-4195-2019 (O&M) Date of decision: 22.07.2025 Swaran Singh and another ...Petitioners Versus United India Insurance Company Ltd. and another ...Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. A.P. Kaushal, Advocate and Ms. Pallavi Bahre, Advocate for the petitioners. Mr. Paul S. Saini, Advocate for the respondents. **** VIKAS BAHL, J. (ORAL) 1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 18.03.2019 passed by the District Judge, Ambala vide which the appeal filed against the order dated 02.01.2018 (Annexure P-5) and order dated 06.03.2018 (Annexure P- 6) passed by the Civil Judge (Junior Division), Ambala, dismissing the suit in default and declining the application for restoration respectively, has been dismissed. 2. Learned counsel for the petitioners has submitted that the present suit has been filed by the petitioners for declaration to the effect that the plaintiffs are entitled to be indemnified and compensated for the loss by theft of truck bearing No.HR-01-GA-0985 and has submitted that the delay PAWAN KUMAR 2025.07.23 18:38 I attest to the accuracy and authenticity of this document CR-4195-2019 (O&M) [2] in the proceedings has primarily prejudiced the petitioners. It is further submitted that one of the petitioners had gone abroad as his daughter had given birth to a child and when he visited his counsel, he was told that the suit had been dismissed in default. It is submitted that in case the suit of the petitioners is not restored then irreparable loss would be caused to the petitioners. 3. Learned counsel for respondent Nos.1 and 2 has submitted that in the present case, the suit which was instituted in the year 2014 was dismissed in default on 02.01.2018 and even restoration application therefrom was dismissed on 06.03.2018. It is submitted that 12 opportunities had already been taken by the petitioners to lead their evidence and yet only examination-in-chief of one PW was done. It is submitted that in case the petitioners are to be granted opportunity, then, heavy costs be imposed upon them and also the petitioners should not be entitled to claim any interest even in case decree is passed in favour of the petitioners ultimately, from the year 2014 till today. 4. Learned counsel for the petitioners, in view of the objection raised on behalf of learned counsel for the respondents, has submitted that the petitioners would pay reasonable costs and also not claim interest from the year 2014 till today. 5. Keeping in view the abovesaid facts and circumstances and fair stand taken by learned counsel for the petitioners as well as learned counsel for respondent Nos.1 and 2, the present revision petition is partly allowed subject to following observations/directions:- i) Orders dated 02.01.2018, 06.03.2018 and 18.03.2019 are set aside PAWAN KUMAR 2025.07.23 18:38 I attest to the accuracy and authenticity of this document CR-4195-2019 (O&M) [3] subject to the petitioners depositing an amount of Rs.25,000/- with the trial Court within a period of one month from today, which amount would be released to the respondents. ii) The suit would be restored to its original number and liberty is granted to both the parties to raise pleas in accordance with law and in case the suit is decreed, then, the petitioners would not be held entitled to any interest from 14.11.2014 till today i.e., 22.07.2025 as agreed. iii) The said observation is not to be construed that the suit of the plaintiffs has to be allowed and the final judgment would be passed by the trial Court after taking into consideration the arguments raised by both the sides. iv) The parties are directed to appear before the trial Court on 21.08.2025 and the trial would proceed thereafter from the stage of plaintiffs’ evidence. The plaintiffs would be granted two effective opportunities to complete their evidence. v) In case the petitioners do not deposit the abovesaid amount within a period of one month from today, then, the present revision petition would be deemed to have been dismissed. 6. All the pending miscellaneous applications, if any, shall stand disposed of in view of the abovesaid order. 22.07.2025 (VIKAS BAHL) Pawan JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No PAWAN KUMAR 2025.07.23 18:38 I attest to the accuracy and authenticity of this document