IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 117 CR-3428-2026 Date of Decision: 23.04.2026 Sukhwinder Kaur …..Pe11oner Vs. Nirviar Singh and Another .….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. J.S. Moudgill, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) Peoner herein is defendant No.1 in civil suit bearing No. CS-866-2025 tled “Nirviar Singh vs. Sukhwinder Kaur and anr.” pending before learned Civil Judge (Junior Division), Paala. She is aggrieved by the order dated 27.01.2026 (Annexure P-6), whereby the trial Court has struck off her defence. It is contended by learned counsel that without sufficient opportunies, impugned order has been passed despite the fact that even the service of all the defendants is not complete. Perusal of the record would reveal that though peoner- defendant No.1 had put in appearance through her counsel before the Court on 16.07.2025 and did not file wri7en statement ll 27.01.2026, but at the same me, the case is sll at the stage of serving the defendant No.2 through registered post as is evident from the various orders including the last order dated 27.01.2026 (Annexure P-6). NEETIKA TUTEJA 2026.04.23 17:17 I attest to the accuracy and integrity of this document CR-3428-2026 -2- In these circumstances, this Court is of the view that Court was not required to take such a strict view so as to strike off the defence of defendant No.1 parcularly when the service of all the defendants is not complete. Consequently the present revision is hereby accepted. The impugned order dated 27.01.2026 (Annexure P-6) is hereby set aside subject to ₹5,000/- as cost. The same shall be liable to be paid to plainff/respondent No.1. The trial Court shall provide an opportunity to peoner/defendant No.1 to file the wri7en statement within next three weeks subject to payment of cost as above. In case, plainff- respondent No.1 feels aggrieved by this order, he will be at liberty to approach this Court since ma7er is being disposed of without issuing any formal noce of moon. Disposed of. (DEEPAK GUPTA) JUDGE April 23, 2026 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2026.04.23 17:17 I attest to the accuracy and integrity of this document