The Principal Secretary (revenue) and others v. Hari Dutt and others
Case brief
What is this about?
CMPMO 249 of 2024, High Court of Himachal Pradesh, Shimla; decided 4 October 2024 by Justice Jyotsna Rewal Dua. State (Principal Secretary (Revenue)) v. Hari Dutt. Challenge to Trial Court order dated 12.03.2024 striking off defence and closing right to file written statement after six months' default in damages suit for Rs.10 Lakhs. Order upheld as error-free; one final opportunity to file written statement granted subject to Rs.5000 costs payable to plaintiff; appearance directed on 25.10.2024; default to result in Trial Court proceeding in accordance with law; petition disposed. Keywords: written statement, striking off defence, costs, opportunity, civil suit, State as defendant.
What did the court decide?
Petition disposed of: impugned order upheld, but one opportunity granted to the petitioners/defendants to file their written statement on 25.10.2024 subject to payment of costs of Rs.5000/- to respondent No.1 before the learned Trial Court; failing compliance, the Trial Court to proceed in accordance with law. Pending miscellaneous application(s), if any, also disposed of.