C. R No. 4768 of 2025 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C. R No. 4768 of 2025 (O&M) Date of decision : 28.07.2025 Meena Rani and anr. ....Petitioners versus Deepak Minhas ...Respondent CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Vishal Thakur, Advocate for the petitioners. **** SUDEEPTI SHARMA, J. (Oral) 1. Present petition has been preferred against the order dated 25.04.2025 passed by learned Civil Judge (Jr. Divn.) Mukerian, District Hoshiarpur in a case bearing CS.520/2024 titled as ‘Deepak Minhas vs. Meena Rani etc’, whereby defence of the petitioners has been struck off. 2. Learned counsel for the petitioners submits that due to the communication gap between the petitioners and their previous counsel, the reply to the stay application and written statement could not be filed by the petitioners. He, therefore prays that one last opportunity be granted to the petitioners to file reply to the stay application and written statement. He further submits that the petitioners are ready to file reply to the stay application and written statement on 04.08.2025 i.e next date fixed before the learned trial Court. 3. I have heard learned counsel for the petitioners and perused the whole file of this case. 4. A perusal of the file shows that due to communication gap between the petitioners and their previous counsel, the reply to the stay Gaurav Arora 2025.08.21 09:25 I attest to the accuracy and integrity of this document C. R No. 4768 of 2025 2 application and written statement could not be filed by the petitioners. The parties should not suffer because of the lapse on the part of their counsels. A ‘lis’ should be decided on merits rather on technicalities, therefore, justice demands that one last opportunity is required to be given to the petitioners to file reply to the stay application and written statement. 5. Hence, the present revision petition stands allowed and order dated 25.04.2025 passed by learned Civil Judge (Jr. Divn.) Mukerian, District Hoshiarpur is set aside to the extent of striking off defence of the petitioners. The petitioners are granted one last effective opportunity to file reply to the stay application and written statement on 04.08.2025 i.e the date already fixed before the learned trial Court, subject to payment of Rs.5,000/- as costs to be deposited by the petitioners with the Punjab and Haryana High Court Bar Association, which shall be utilized for construction/renovation of Women Bar Room, Punjab and Haryana High Court, Chandigarh. The learned trial Court is directed to accept the reply to the stay application and written statement filed by the petitioners on 04.08.2025. 28.07.2025 (SUDEEPTI SHARMA) Gaurav Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2025.08.21 09:25 I attest to the accuracy and integrity of this document