Writ petition where defence struck off for failure to file written statement. Court allowed petitioner to file WS by end-June 2009 pending cost payment, bypassing respondent notice to save expense and time.
Leave granted to file written statement by 23.6.2009 pending payment of Rs. 2000 costs.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No. 2749 of 2009 (O&M)
Date of decision : May 15, 2009
Ashok Kumar
Petitioner
Versus
Anil Kumar
Respondent
CORAM : HON'BLE MR. JUSTICE A.N. JINDAL
Present: Mr. Chanakya Pandit, Advocate for the petitioner
A.N. JINDAL, J. (ORAL)
Assailed in this petition is order dated 9.3.2009 passed by Addl. Civil Judge (S.D) Sonipat whereby defence of the defendant/ petitioner (herein referred as 'the petitioner') was struck off due to non-filing of written statement within 90 days from the service of notice.
Learned counsel for the petitioner has submitted that written statement could not be filed in the instant case due to his illness and he remained constant medication for a long period.
Keeping in view the peculiar circumstances of the case and in order to impart complete justice to the parties, an opportunity is provided to the petitioner to file the written statement by i.e. 23.6.2009 subject to payment of Rs. 2000/- as costs.
The petition is disposed of without issuing notice to the respondent with a view to imparting complete justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondent may move this court for recalling this order.
(A.N.JINDAL) JUDGE
15.05.2009 reena
1 issue framed by the court
Whether to permit filing of written statement delayed due to petitioner's illness after defence was struck off.
Ashok Kumar
Anil Kumar
A.N. Jindal
As recorded by the court registry
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