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2025 DAILYLAW 80345 (PNJ)

NIRMAL SINGH v. PUNJAB SCHEDULE CASTE LAND DEVELOPMENT AND FINANCE CORPORATION

CR/4770/2024 · 2025-03-27

Deepak Gupta

body2025

Judgment text

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AT CHANDIGARH **** 127 CR-4770-2024 (O&M) Date of Decision.:27.03.2025 Nirmal Singh Pe++oner Vs. Punjab Scheduled Caste Land Development and Finance Corpora+on Respondent CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Gursimran Singh Bawa, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) In compliance of the order dated 27.08.2024, peoner has placed on record the copy of wri'en statement which is to be filed before the trial Court. As such, applicaon bearing No.CM-17667-CII-2024 to place on record Annexure P-6 is allowed. 2. Defence of the defendant Nirmal Singh (peoner herein) was struck off by the trial Court in civil suit bearing CIS No.CS-1686-2020 tled as ‘Punjab Schedule Caste Land Development and Finance Corporaon v. Nirmal Singh etc.’, for non-filing of the wri'en statement despite availing adequate opportunies and also for failing to pay the previous cost as imposed by the Court. The applicaon for recalling the said order dated 24.05.2023 was dismissed by the trial Court on 21.02.2024 vide Annexure P-5. 3. By way of the present revision, aforesaid orders dated 24.05.2023 (Annexure P-2) and subsequent order dated 21.02.2024 (Annexure P-5) have been assailed. Learned counsel has prayed for granng only one opportunity to file wri'en statement. He has also placed on record (Annexure P-6), the copy of wri'en statement, which is proposed to be filed before the trial Court. NEETIKA TUTEJA 2025.03.27 16:43 I attest to the accuracy and integrity of this document CR-4770-2024 (O&M) 4. Without issuing any noce to the respondents, lest it may delay the proceedings before the Court concerned and in order to provide an opportunity to the peoner-defendant to contest the ma'er on merits, the present peon is hereby disposed of by granng one opportunity to the peoner to file the wri'en statement but subject to cost of ₹25,000/- to be paid by way of a Demand DraB in favour of the respondent-plainff. The trial Court shall fix a date for filing the wri'en statement. Payment of cost shall be the condion precedent. 5. Since this order has been passed without issuing any noce to the respondent, therefore, respondent will be at liberty to approach this Court, in case, he feels aggrieved. Disposed of. ( DEEPAK GUPTA ) JUDGE March 27, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.03.27 16:43 I attest to the accuracy and integrity of this document