Allowed

Gurjeet Singh v. Kulwant Singh

Punjab & Haryana HC23 Sept 2011CR/4729/2011

Case brief

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What is this about?

Civil Revision Petition filed to set aside impugned orders striking off defence for non-filing of written statement and dismissing recall application. Court set aside orders allowing filing of WS within two weeks upon payment of costs.

What did the court decide?

Impugned orders striking off defence and dismissing recall application set aside; permission to file written statement within two weeks upon payment of Rs. 2,000/-.

Gurjeet Singh Vs Kulwant Singh — Civil Procedure and Limitation | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No.4729 of 2011 (O&M)

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Date of decision: 23^rd September, 2011

Gurjeet Singh

… Petitioner

Versus

Kulwant Singh

… Respondent

CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Mr. Saurav Khurana, Advocate for the petitioner. Mr. B.S. Saini, Advocate for Mr. Premjit Kalia, Advocate for the respondent.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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Present revision petition has been filed aggrieved against the order dated 21^st December, 2009 (Annexure P-2), whereby on nonfiling of the written statement, defence was struck off.

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Counsel for the petitioner states that even the application filed by the petitioner for setting aside the ex-parte proceedings was also dismissed.

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This Court, on August 5, 2011 while issuing notice of motion, had passed the following order:

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“Learned counsel for the petitioner submits that the defence of petitioner/defendant was struck off on 21.12.2009 by the Court of Civil Judge (Junior Division), Ajnala. However, on the next day i.e. 22.12.2009, the petitioner/defendant filed an application for recalling the order dated 21.12.2009, whereby his defence was struck off. Learned counsel further submits that the said

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Civil Revision No.4729 of 2011 (O&M)

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application was dismissed in default vide order dated 19.11.2010 due to non appearance of counsel. He has failed to show any justification for the delay in approaching this Court. However, learned counsel submits that the case is at the stage of recording of evidence of the plaintiff/respondent and no prejudice will be caused to him except the delay in culmination of the trial. Learned counsel further submits that for the delay caused, the petitioner/defendant is ready and willing to compensate the plaintiff/respondent in monetary terms.

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Issue notice of motion for 23.9.2011.

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The trial Court is directed to adjourn the case beyond the date fixed by this Court.”

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Considering the fact that due to striking off the defence, the petitioner-defendant will be prejudiced, present petition is accepted and the impugned orders (Annexure P-2 and P-4) are set aside. The petitioner-defendant is permitted to file written statement within a period of two weeks from the date of receipt of a certified copy of this order, subject to payment of cost of Rs.2,000/-.

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(KANWALJIT SINGH AHLUWALIA) JUDGE

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September 23, 2011 rps

Gurjeet Singh v. Kulwant Singh

Case brief

What is this about?

What did the court decide?

Gurjeet Singh v. Kulwant Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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