IN THE HIGH COURT OF PUNJAB AND HARYANA 125 Muneesh Choudhary Surender CORAM: Present:- NIDHI GUPTA J. (Oral) order dated Additional Civil Judge (Sr. Divn.), 2024, titled as ‘ petitioner/defendant has been struck off. by the learned Civil Revision No.3492 of 2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3492 of 2025 Date of decision : Muneesh Choudhary Versus Surender Singh CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Anuj Malik, Advocate for the petitioner. NIDHI GUPTA J. (Oral) Prayer in this petition is for setting aside the impugned order dated 12.5.2025 (Annexure P-5 Additional Civil Judge (Sr. Divn.), Bhiwani , titled as ‘Surender vs. Munesh’, vide which defence of the petitioner/defendant has been struck off. On 12.5.2025 the following impugned order was passed the learned Additional Civil Judge (Sr. Divn.), “Written statement on behalf of defendant not filed. At this stage, perusal of case file shows that defendants had appeared in this case on 11.11.2024, but till date written statement not adjournment is requested by learned counsel for defendant has availed several effec but failed to file written statement, there is no justification or reason for granting adjournment for filing written statement without any reasonable cause. Civil Revision No.3492 of 2025 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ivil Revision No.3492 of 2025 (O & M) Date of decision :-01.07.2025 …..Petitioner …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA Prayer in this petition is for setting aside the impugned 5) passed by the learned Bhiwani, in Civil Suit No.1485- Surender vs. Munesh’, vide which defence of the the following impugned order was passed Additional Civil Judge (Sr. Divn.), Bhiwani :- Written statement on behalf of defendant not , perusal of case file shows that defendants had appeared in this case on 11.11.2024, but till date written statement not filed, even no further ment is requested by learned counsel for ndant has availed several effective opportunities but failed to file written statement, there is no justification or reason for granting adjournment for thout any reasonable cause. VIJAY ASIJA 2025.07.08 11.51 I attest to the accuracy and integrity of this document that notice in the suit as well as in the application was issued on 01.10.2024 ( of Attorney sought to file the written statement. The matter was therefore adjourned to 06.1.2025. Because 06.1.2025 was declared holiday on occasion of birthday anniversary of Guru Gobind Singh Ji, therefore, the matter was taken up on 04.1.2025 and adjourned for 12.5.2025 for filing of written statement. On 12.5.2025 learned counsel for the petitioner/defendant before the learned trial Court soug accommodation to file the written statement on the ground that the written statement was not duly attested by the petitioner/defendant being occupied in harvesting season he could not reach the Court premises order dated learned trial Court. would suffer irreparable loss if the impugned order dated (Annexure P submits that one effective Civil Revision No.3492 of 2025 (O & M) The mandatory period of 30 days extendable to 90 days had already expired as defendant put his appearance on 11.11.2024. No application for extending the time for filing the written statement filed. In these cir cumstances the defence of defendant is hereby struck off. Now, to come up on 04.10.2025 for evidence of plaintiff at own responsibility. Learned counsel for the petitioner/defendant notice in the suit as well as in the application was issued on 01.10.2024 (Annexure P-2) for 11.11.2024. On 11.11.2024 of Attorney on behalf of petitioner/defendant was filed and time was sought to file the written statement. The matter was therefore adjourned to 06.1.2025. Because 06.1.2025 was declared holiday on ion of birthday anniversary of Guru Gobind Singh Ji, therefore, the matter was taken up on 04.1.2025 and adjourned for 12.5.2025 for filing of written statement. On 12.5.2025 learned counsel for the petitioner/defendant before the learned trial Court soug accommodation to file the written statement on the ground that the written statement was not duly attested by the petitioner/defendant being occupied in harvesting season and because of the said reason he could not reach the Court premises. The order dated 12.5.2025 (Annexure P-5) has been passed by the learned trial Court. Learned counsel submits that the would suffer irreparable loss if the impugned order dated (Annexure P-5) is not set aside. At the very outset, learned counsel submits that one effective opportunity may be granted to the Civil Revision No.3492 of 2025 (O & M) 2 The mandatory period of 30 days extendable to 90 days had already expired as defendant put his appearance on 11.11.2024. No application for extending the time for filing the written statement filed. In these cir- efence of defendant is hereby struck off. Now, to come up on 04.10.2025 for evidence of plaintiff at own responsibility.” petitioner/defendant submits notice in the suit as well as in the application was issued on 2) for 11.11.2024. On 11.11.2024 Power on behalf of petitioner/defendant was filed and time was sought to file the written statement. The matter was therefore adjourned to 06.1.2025. Because 06.1.2025 was declared holiday on ion of birthday anniversary of Guru Gobind Singh Ji, therefore, the matter was taken up on 04.1.2025 and adjourned for 12.5.2025 for filing of written statement. On 12.5.2025 learned counsel for the petitioner/defendant before the learned trial Court sought a short accommodation to file the written statement on the ground that the written statement was not duly attested by the petitioner/defendant and because of the said reason . Thereafter the impugned ) has been passed by the Learned counsel submits that the petitioner/defendant would suffer irreparable loss if the impugned order dated 12.5.2025 de. At the very outset, learned counsel opportunity may be granted to the VIJAY ASIJA 2025.07.08 11.51 I attest to the accuracy and integrity of this document petitioner be caused to him if he is not permitted to do so. issuance of notice of motion is dispensed with at this stage, as it will cause further delay in disposal of the case. Accordingly, keeping in view the above facts as canvassed by learned Counsel for the petitioner/defendant dated 12.5.2025 below is directed to grant one effective opportunity to enable the petitioner herein to payment of Rs. weeks from today, failing which, the automatically dismissed without reference to this Court. July 01, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No Civil Revision No.3492 of 2025 (O & M) petitioner herein to file the written statement be caused to him if he is not permitted to do so. After hearing learned counsel for the petitioner, issuance of notice of motion is dispensed with at this stage, as it will cause further delay in disposal of the case. Accordingly, keeping in view the above facts as canvassed by learned Counsel for the itioner/defendant, this petition is allowed 12.5.2025 (Annexure P-5) is set aside. The learned Court below is directed to grant one effective opportunity to enable the petitioner herein to file the written statement payment of Rs.5000/- as costs to the respondent therein within two weeks from today, failing which, the present automatically dismissed without reference to this Court. Disposed of as above. Pending application(s), if any, stands disposed of. , 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No Civil Revision No.3492 of 2025 (O & M) 3 file the written statement, as grave injustice will be caused to him if he is not permitted to do so. After hearing learned counsel for the petitioner, issuance of notice of motion is dispensed with at this stage, as it will cause further delay in disposal of the case. Accordingly, keeping in view the above facts as canvassed by learned Counsel for the allowed and impugned order ) is set aside. The learned Court below is directed to grant one effective opportunity to enable the file the written statement, however subject to as costs to the respondent therein within two present petition shall stand automatically dismissed without reference to this Court. ny, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.07.08 11.51 I attest to the accuracy and integrity of this document