-1- 127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-4689-2026 (O&M) Date of Decision: 29.05.2026 RINKU AND OTHERS ...Petitioners Versus KRISHNA AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Kapish Singla, Advocate for the petitioners. PARMOD GOYAL, J. (ORAL) Present civil revision petition has been preferred under Article 227 of Constitution of India by petitioners/defendants No.3 to 6 being aggrieved by order dated 17.09.2025, passed by learned Additional Civil Judge (Senior Division), Kharkhoda, Sonepat vide which their defence was struck off for failing to file written statement despite repeated opportunities. 2. Admittedly, in the present case, petitioner/defendants No.3 to 6 had appeared for the first time on 09.05.2023, thereafter, matter remained pending for service of defendants No.1 and 2 and for filing written statement by petitioners/defendants No.3 to 6. However, for next three years from 09.05.2023 till passing of order dated 17.09.2025 neither written statement was filed nor defendants No.1 and 2 were served. However, after waiting sufficiently, learned Court of first instance had struck off the defence of petitioners/defendants No.3 to 6. 3. On consideration, I do not find any error in the impugned order CHIRANJEEV SINGH 2026.05.29 16:39 I attest to the accuracy and integrity of this document CR-4689-2026 -2- passed by learned Court below. The present situation has arisen on account of fault on the part of petitioners/defendants No.3 to 6. However, wherever the other side can be compensated with cost, the Courts prefer to allow the defaulted party to contest the suit on merits in order to receive substantial justice. In present case also, since case is at initial stage, as no PW till date has been examined, therefore, petitioners/defendants No.3 to 6 are granted one opportunity to file their written statement subject to cost of Rs.75,000/-. Petitioners/defendants No.3 to 6 shall pay Rs.35,000/- to respondent No.1/plaintiff and remaining Rs.40,000/- be deposited with District Legal Services Authority, Sonepat. 4. Revision petition is disposed of in above terms. 5. Pending application(s), if any, is/are disposed of accordingly. (PARMOD GOYAL) 29.05.2026 JUDGE chiranjeev Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No CHIRANJEEV SINGH 2026.05.29 16:39 I attest to the accuracy and integrity of this document