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123 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-6103-2025 (O&M) Date of Decision: September 04, 2025 Naresh Kumar …Pe33oner Versus Sagar Bhoji …Respondent
CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Umesh Aggarwal, Advocate for the peoner.
DEEPAK GUPTA
, J.(Oral)
Peoner herein is the defendant before learned Civil Judge (Jr. Divn.), Amritsar, in a Civil Suit No.CS/2838/2023, tled as ‘Sagar Bhoji v Shri Naresh Kumar Bhoji alias Thibi’.
2. By way of this revision peon filed under Arcle 227 of the Constuon of India, peoner has assailed the order dated 25.02.2025 (Annexure P-5) passed by the trial Court, whereby his defence was struck off.
3. At the outset, learned counsel for the peoner submits that peoner may be provided one more opportunity to file wri6en statement as the case is sll at the stage of plainff’s evidence and that plainff has not even started leading evidence so far. It is also submi6ed that the dispute is between the family members and the ma6er was earlier referred to the Mediaon Centre by the trial Court, but it was not resolved.
4. On query, it is pointed out by learned counsel for the peoner that the suit was filed on 20.09.2023. The peoner-defendant put in appearance for the first me before the trial Court on 08.10.2024. The ma6er was adjourned twice for filing wri6en statement, but as the same was filed, his defence was struck off by way of the impugned order dated 25.02.2025 (Annexure P-5). Sarita Rani 2025.09.04 17:20 I attest to the accuracy of this document/order
CR-6103-2025 (O&M) - 2 - 2025:PHHC:119974
5.
Learned counsel submits that due to some earlier ligaon, peoner had moved an applicaon under Secon 151 CPC and the same was disposed of on 29.08.2025.
6. Keeping in view the submissions made by learned counsel for the peoner and also the fact that the valuable rights of the peoner- defendant are involved, the impugned order dated 25.02.2025 (Annexure P- 5) is hereby set aside and peoner-defendant is granted one opportunity to file wri6en statement. However, this order shall be subject to payment of `25,000/- as costs payable by the peoner-defendant to the respondent- plainff by way of a demand draB on the date to be fixed by the trial Court concerned.
Disposed of. Since this order has been passed without issuing noce to respondent-plainff, in order to avoid the delay, therefore, he will be at liberty to approach this Court, in case, he feels aggrieved by this order. September 04, 2025
(DEEPAK GUPTA) sarita
JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No
Sarita Rani 2025.09.04 17:20 I attest to the accuracy of this document/order