The High Court dismissed the civil revision, granting the petitioner one opportunity to file a written statement within 15 days subject to payment of `5,000/- costs.
One opportunity granted to file written statement within 15 days subject to payment of `5,000/- costs.
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Civil Revision No.5529 of 2016 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR No.5529 of 2016 (O&M) Date of decision:29.08.2016
Gram Panchayat Gindokhar
... Petitioner
Vs.
Dhanraj and others CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
... Respondents
Present:Mr. S.K.Tripathi, Advocate for the petitioner.
AMIT RAWAL J. (Oral)
Petitioner aggrieved of the impugned order dated 29.01.2016 (Annexure P-2), whereby, its defence has been struck off on the ground of non-filing of written statement.
Mr. S.K.Tripathi, learned counsel appearing on behalf of the petitioner submits that in case, one opportunity is granted, subject to any terms and conditions which this Court deem fit, the written statement shall be filed. No prejudice would be caused to the respondents, who shall be compensated in terms of costs.
I have heard learned counsel for the petitioner and appraised the paper book.
No doubt, the petitioner has taken many adjournments to file written statement and could not file the same. However, in order to manifest and render justice, I deem it appropriate, to grant one opportunity to the petitioner to file written statement, subject to payment of costs of `5,000/-
Savita 2016.09.01 13:36 I attest to the accuracy and integrity of this document High Court Chandigarh
Civil Revision No.5529 of 2016 (O&M)
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which shall be a condition precedent and written statement shall be filed within 15 days before the trial Court, failing which, the order under challenge shall come into operation.
Accordingly, the revision petition stands allowed.
(AMIT RAWAL) JUDGE
August 29, 2016 savita
Savita 2016.09.01 13:36 I attest to the accuracy and integrity of this document High Court Chandigarh
2 issues framed by the court
Whether the petitioner should be granted one opportunity to file written statement after striking off defence.
Whether costs shall be imposed as a condition precedent for granting the extension.
Gram Panchayat Gindokhar
Dhanraj and others
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
