188 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-5004-2026 Date of Decision:- 06.07.2026 VIKRANT THAKUR ....Petitioner Vs. ANITA SHARN ...Respondent CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present: Mr. Gaurav Gogna, Advocate for the petitioner. ***** AMARJOT BHATTI, J. (ORAL) 1. Petitioner Vikrant Thakur filed civil revision for quashing of impugned order dated 22.04.2026 passed by learned Additional Civil Judge (Senior Division), Dera Bassi (Annexure P-1) vide which defence of the petitioner/defendant has been struck off and the case is fixed for plaintiff’s evidence. 2. Learned counsel representing petitioner/defendant pointed out that respondent/plaintiff has filed suit for recovery of Rs.2,03,788/- along with interest (Annexure P-2). Initially he was proceeded against ex parte and the said ex parte order was set aside by passing detailed order dated 10.12.2025 (Annexure P-3) and the case was adjourned for filing of his written statement and payment of costs on 18.02.2026. From this date, case was again adjourned for 18.03.2026 and on this date, Presiding Officer was on leave and the case was adjourned for 22.04.2026. On this date for non- filing of written statement, his defence was struck off and the case is fixed SANDEEP KUMAR 2026.07.07 10:05 I attest to the accuracy and integrity of this document CR-5004-2026 -2- for 08.07.2026. It is pointed out that petitioner/defendant is ready with written statement which he can file on the next date of hearing. In case he is not permitted to file his written statement, he will suffer great prejudice. 3. Considering the aforesaid factual position, no useful purpose would be served by issuing notice to the respondent, as the relevant facts are evident from the documents annexed with the present petition. 4. As per record, respondent/plaintiff has filed suit for recovery which was contested by petitioner/defendant. Firstly ex parte order was set aside vide order dated 10.12.2025 (Annexure P-3). As per record, petitioner was granted two effective opportunities to file written statement and on 22.04.2026 for non-filing of the written statement, his defence was struck off. It is matter of record that in between one date i.e. 18.04.2026, Presiding Officer was on leave. 5. I have considered the aforesaid factual position. It will be in the interest of justice that the case is decided on merits. Suit filed by respondent/plaintiff is at initial stage. Till date no evidence has been led. Respondent/plaintiff will not suffer any prejudice in case petitioner/defendant is permitted to file his written statement. In order to compensate the respondent/plaintiff for the delay, suitable costs can be imposed. 6. In light of this, the impugned order dated 22.04.2026 passed by the learned Additional Civil Judge (Senior Division), Dera Bassi (Annexure P-1), whereby the defence of the petitioner/defendant was struck off, is set aside, and the present civil revision is allowed. The petitioner/defendant is granted one last opportunity to file the written statement on the next date SANDEEP KUMAR 2026.07.07 10:05 I attest to the accuracy and integrity of this document CR-5004-2026 -3- fixed before the trial Court, i.e. 08.07.2026, subject to payment of costs of Rs.10,000/- to be paid to the respondent/plaintiff. 7. Pending miscellaneous application (s), if any, stand disposed of accordingly as well. (AMARJOT BHATTI) JUDGE 06.07.2026 snd Whether speaking/reasoned : Yes/No. Whether reportable : Yes/No SANDEEP KUMAR 2026.07.07 10:05 I attest to the accuracy and integrity of this document