Extracted from the PDF above. The PDF is authoritative.
CR-6343-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-6343-2025 Date of decision: 11.09.2025 Dhanpa Devi ...Peoner Versus Roshan Lal and others
...Respondents
CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Bhuwnesh Lakhera, Advocate for the peoner. **** DEEPAK GUPTA, J. Peoner herein is one of the defendant in civil suit bearing CS-1337-2023 tled “Roshan Lal and others Vs. Dhanpa and others” pend- ing before Ld. Civil Judge (Junior Division), Rewari. She is aggrieved by the
order dated 11.08.2025 (Annexure P-4), whereby her defence has been struck off by the trial Court of Ld. Civil Judge (Junior Division), Rewari.
2. Perusal of the paper book would reveal that suit for declaraon and consequenal relief for permanent injuncon was filed by the plainffs i.e. respondents No.1 to 4 herein in September, 2023. Appearance on behalf of defendant No.1 i.e. peoner herein was made before the trial Court through her counsel on 23.10.2023. Despite availing numerous opportunies, the peoner failed to file wri9en statement. Even a last opportunity was provided subject to cost of ₹500/- to be deposited in DLSA, Rewari. Sll, the peoner failed to file the wri9en statement, though the cost was paid. It was in these circumstances that impugned order was passed by striking off the defence of the peoner.
3.
Learned counsel does not dispute the lapse on the part of the peoner in failing to file the wri9en statement despite availing sufficient opportunies but he submits that valuable rights of the peoner are Page N: 1 of total 2 Pages Yogesh Mehta 2025.09.12 16:19 I agree to specified portions of this document
CR-6343-2025 involved in the suit land; and that she is a widowed lady and so, she be provided one opportunity to file the wri9en statement.
4. Having considered the submissions of learned counsel for the peoner, though this Court is of the view that peoner does not deserve any relief on merits, as she failed to file wri9en statement despite availing numerous opportunies during 23.10.2023 to 11.08.2025 but purely in the interest of jusce, the impugned order dated 11.08.2025 (Annexure P-4) is set aside and the trial Court is directed to provide only one opportunity to the peoner to file the wri9en statement. It is subject to cost of ₹50,000/-, which is to be paid by the peoner to the contesng respondents No.1 to 4 i.e. plainffs by way of a demand draA. The trial Court shall fix a date for filing of wri9en statement by defendant No.1-peoner and on that date itself, the peoner has to file the wri9en statement and pay the demand draA as above. In case, peoner fails to make compliance of the order, no further opportunity shall be provided.
5.
Disposed of. 11.09.2025 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No Page N: 2 of total 2 Pages Yogesh Mehta 2025.09.12 16:19 I agree to specified portions of this document