Petition challenging impugned order striking off defence for non-filing of written statement. Court relied on Kailash case to permit filing within 15 days, quashed impugned order, and awarded costs of Rs. 5000.
Petition allowed; impugned order quashed; defendants to file written statement in 15 days and pay costs of Rs. 5000.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No. 1325 of 2010
Date of Decision: 08.12.2010
State of Haryana and another
.... Petitioners
Versus
Sushil Kumar and another
... Respondents
CORAM: HON'BLE MR. JUSTICE ALOK SINGH
Present : Mr. Gaurav Dhir, DAG Haryana for the petitioners
None for the respondents
ALOK SINGH, J. (ORAL)
C.R. No. 1325 of 2010
2
directory in nature and on sufficient cause being shown, defendants can be permitted to file written statement beyond statutory period.
shall proceed with the case in accordance with law.
(ALOK SINGH) JUDGE
08.12.2010 reena
2 issues framed by the court
Whether defendants permitted to file written statement beyond statutory period due to sufficient cause
Whether the impugned order striking off defence be quashed
Colour shows how this judgement treated each authority
Kailash vs. Nanhku and othersRelied on¶19
2005(4) Supreme Court Cases, 480
2 provisions across 1 enactments
State of Haryana and another
Sushil Kumar and another
Allok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
