Revision petition against striking off defence was disposed of by allowing respondents one final opportunity to file written statement on payment of costs.
Impugned order set aside; one opportunity granted to Defendants 1-3 to file written statement on payment of Rs. 2,000.
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CR No. 769 of 2012 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR No. 769 of 2012 (O&M) Date of decision : 6.2.2012
Haryana State through Collector, Jind and others
................Petitioners
vs.
Smt. Promila and another
.................Respondents
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. S.S. Goripuria, Deputy Advocate General, Haryana.
K.C. Puri, J.
Challenge in this revision petition is the order dated 7.11.2011 vide which the defence of the defendants No. 1 to 3 has been struck of
The suit was filed on 13.6.2011. As per case of the defendant-revisionists, they received notice for 25.8.2011 and on 25.8.2011, dealing clerk had appeared and the case was adjourned to 12.9.2011 for filing of the written statement. Thereafter, the case was adjourned to 7.11.2011 and last opportunity was granted. Written statement could not be filed due to heavy official work and the staff was busy in the official work and full record of the case was not
CR No. 769 of 2012 -2-
available and the dealing clerk was transferred on 21.10.2011. It is further pleaded that limitation of 90 days has not elapsed for filing
the written statement as the notice was received on 12.8.2011.
Notice of the petition is not required to be given to the plaintiff.
Petitioners are the State and 90 days have not been elapsed as per the pleadings from the date of notice. Nobody should be condemned unheard. The trial Court should have given an opportunity to file the written statement.
So, in these circumstances, the impugned order dated 7.11.2011 stands set aside and defendants No. 1 to 3 are allowed one opportunity to file the written statement, on payment of costs of ` 2,000/-.
The petition stands disposed of.
6.2.2012 chugh
1 issue framed by the court
Whether setting aside the order striking off defence and allowing fresh opportunity to file written statement is appropriate in circumstances.
Haryana State through Collector, Jind and others
Smt. Promila and another
K.C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
