Writ petition challenging civil revision order striking off defence for delay in writing statement. Court allowed late filing conditioned on payment of costs.
Reversed impugned order striking off defence; allowed filing of written statement on condition of paying ₹25,000 costs.
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CR No. 2539 of 2012
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CR No. 2539 of 2012 Date of decision January 17, 2013
Surinder Kaur and another
....... Petitioner
Versus
........ Respondents
Sukhjit Singh
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:Mr. Gurcharan Dass, Advocate for the petitioner.
Mr. Vaibhav Sehgal, Advocate for the respondent.
K. Kannan, J (oral).
the defence when the defendant did not file the written statement within the stipulated period of 90 days. The suit was for specific performance on an agreement to sell under which the plaintiff claimed that the defendant had already received `6 lacs. The written statement was also filed but beyond time contending that the agreement itself was not true and it was a forged document. The Court found that although the case was posted for first hearing after service of summons on 30.7.2010 itself, he had not filed a statement till March 2011 and subsequently when the petition was also filed for striking off the defence the trial had commenced and the defendant
CR No. 2539 of 2012
had also cross examined the witness although he did not file the written statement.
CR No. 2539 of 2012
the plaintiff's witnesses on the basis of the contentions raised in the
written statement.
observations.
(K. KANNAN) JUDGE
January 17, 2013 archana
1 issue framed by the court
Whether a defendant can be allowed to file a late written statement in a suit for specific performance after laches demonst
1 provisions across 1 enactments
Surinder Kaur
Sukhjit Singh
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
