Allowed

Dharamvir v. Anil Kumar

Punjab & Haryana HC10 Jul 2017CR/3768/2017

Case brief

AI extract

What is this about?

In this civil revision petition, the High Court set aside the trial court's order striking off the petitioner's defence for non-filing of written statement due to a clerical error in the date. The petitioner was permitted to file the statement within two weeks upon depositing costs.

What did the court decide?

The impugned order is set aside; petitioner permitted to file written statement within two weeks subject to payment of costs.

Dharamvir Vs Anil Kumar — Service and Employment | Punjab & Haryana HC (2017)

¶1

-1-

¶2

Civil Revision No.3768 of 2017 (O&M)

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

Civil Revision No.3768 of 2017 (O&M) Date of decision: 10.07.2017

Dharamvir

.......Petitioner

versus

Anil Kumar

......Respondent

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

¶11

Present: - Mr. Vivek Goyal, Advocate, for Mr. Karan Singh, Advocate, for the petitioner.

¶12

RAMENDRA JAIN, J. (ORAL)

¶13

Challenge has been laid in instant revision petition under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure to the impugned order dated 27.01.2017 (Annexure P-5), whereby defence of the petitioner has been struck off by the trial Court.

¶14

Upon notice, petitioner appeared before the trial Court on 24.05.2016 through his counsel and the case was adjourned to 26.05.2016, the date on which the petitioner could not file his written statement. Consequently, on his request, the trial Court adjourned the case to 08.09.2016. Again on the said date, the petitioner did not file his written statement and sought further adjournment. Consequently, the case was adjourned to 27.01.2017 on which date, his defence was struck off on account of non-filing of written statement despite availing several opportunities.

¶15

Ravinder Singh 2017.07.12 14:22 Learned counsel for the petitioner has contended that on I attest to the accuracy and authenticity of this document 27.01.2017, written statement could not be filed on behalf of the petitioner

¶16

-2-

¶17

Civil Revision No.3768 of 2017 (O&M)

¶18

on account of noting down wrong date as 27.02.2017 instead of 27.01.2017 by his counsel.

¶19

Heard.

¶20

Since trial is at the initial stage, therefore, the impugned order is hereby set aside. Consequently, the petitioner is permitted to file his written statement before the trial Court positively within two weeks, subject to payment of costs of 20,000/-, out of which 10,000/- shall be paid to the respondent and remaining ` 10,000/- shall be deposited with the Haryana State Legal Services Authority.

¶21

Disposed of accordingly.

¶22

(Ramendra Jain) Judge

¶23

July 10, 2017 R.S.

¶24

Whether speaking/reasoned Yes/No Whether reportable Yes/No.

¶25

Ravinder Singh 2017.07.12 14:22 I attest to the accuracy and authenticity of this document

Dharamvir v. Anil Kumar

Case brief

What is this about?

What did the court decide?

Dharamvir v. Anil Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pritam Singh and Ors. Vs Parkash Kaur and Anr.

Harish Arora Vs State Bank of India & Ors.

Ajit Singh Vs Municipal Corporation, Chd.

M/S Kashmir Apriaries Exports & Ors. Vs Kotak Mahindra Bank

Kailash Chand Vs M/S Mangaiwala Traders

Anita Vs Suraj Kaur and Ors.